The Proof-Losing-Right In Civil Lawsuit

Proof-Losing-Right System, one kind of the Losing-Right System, is an important part of Evidence System. It is also called Time Limit System of Induce Evidence and has already been established by many modern countries. Promulgated by the Supreme People Count in Dec.6, 2001, the "Regulation on Evidence in Civil Lawsuit" is the first regulation over this system in our country.The establishment of Proof-Losing-Right System in civil lawsuit in our country is an inevitable choice in order to improve pre-trial procedure and protect parties to realize justice. Its significance was particularly presented through the improvement of litigation efficiency, realization of procedure justice and procedure stability, and enhancement of principle of good faith. Because it can deprive the proving right of the parties, however, it might produce remarkably negative impact upon the legal hearing right of the parties. The emphasis of this thesis is to discuss how to design the Proof-Losing-Right System in our county, which can exert its function and also overcome the negative effect mentioned above.This thesis expatiates the theoretical basis for the Proof-Losing-Right System, put forward the suggestion for improving it through analyzing its value, studying the overseas legislation and considering the actual of the legislation and justice in our country. Hopefully, this thesis can be beneficial to the improvement of the proceeding and lawsuit mechanism, particularly at the time when the discussion about amending "the Civil Procedure Law of PRC" was on the way.Chapter one summarizes the Proof-Losing-Right System , discusses its concept, content, essence and history and analyzes its value as well as its shortcomings. Chapter two introduces the legislation of USA, France, Germany, Japan and Taiwan region, and compares the differences among them. Chapter three further discusses the Proof-Losing-Right System in existence in our country, and points out some irrationality and faultiness. Finally, chapter five puts forward the suggestion for improving it.