Research Of The Legislation Of Proof Limimitation System

The theory and legislation of proof limitation system is an important part of proof burden system and the judicial procedure of civil law. Due to its conflict with substantial justice, the system of time limit for proof limitation could make the judgment of value and realize its value of rational justice only in the litigation notion of justice of formalities. The system also has such theoretical foundations as benefit of litigation, procedural security, good faith, burden of proof, and formal truth. In the study of time limit for adducing evidence defined in other states, it is found that Timely Disclosure of Proof has become the tendency of civil justice reform all over the world, which gives an important lesson for the justice reform in China.According to the Civil Procedure Act and relevant laws of China, Occasional Evidence Presentation had been put into judiciary practices for a long time, which brought great difficulties in the implementation of proof burden system and caused poor efficiency and a waste of judiciary resources. Several Regulations about the Rules of Evidence in Civil Litigation (hereinafter referred to as Several Regulations), being enforced from April 1, 2002, established Timely Disclosure of Proof in the judiciary practices in China, which paves way for the reform of trial patterns and improvement of procedural efficiency. The legislation of proof limitation system regulated in Several Regulations, however, is just a helpful try in judicial interpretation. The defect in design of Rules of Evidence has set Several Regulations in an embarrassing position. As a matter of fact, regulations in Rules of Evidence constitute a substantial breach of parties'rights of suit, which cannot be remedied only by judicial interpretation. The identification and application of new evidence, the process of evidence exchange, the regulations in complaint modification and counterclaim, and even the use of legal language and...