The Result Of Exceeding The Time Limit Of Presenting Evidence

Evidence is the basis and heart of the civil procedural law. In our country lawsuit idea and judicial practice, we always carry out the thought that is"realistic, if there is mistake, we must correct it", in order to pursue in the entity to be absolutely fair, evidence can be proposed as necessary, in order to find the truth court holds court repeatedly, which resulted in the instability of testimony efficacy and therefore seriously affected the order of stability litigation and the promotion of litigation efficiency.In April 1, 2002, Several Rules of the Supreme People's on Civil Litigation Testimony first regulated clearly about the institution of time limit of presenting evidence and voidance legal consequence in the form of judicial interpretation, making the civil litigation institution advance. Its establishment urged the litigant to present evidence positively in the stipulation time, enhanced the trial efficiency, front further consummated civil examined the procedure, promoted the way of trial reform and even the advancement of judicial reform. So the formulation of the time limit of presenting evidence system has great significance both in concept and in practice. But because the time limit of presenting evidence system set up recently, the comprehension about it has to be improved. Especially the stipulation that will result in voidance of testimony in exceeding the stipulation time has many disputes in the practice movement. In fact, the voidance of presenting evidence is a two-edged sword. We must balance the justice and efficiency then make a rational choice before use it. This article has four parts:In Chapter One, I define the concept of the result of exceeding the time limit of presenting evidence. Then I set my agreement on building this system based on the procedural necessity.In Chapter Two, I inspected our country the condition of the legal consequence implementation on exceeding the time limit of presenting evidence at present, appraised on the reason of holding different view, pointed out the deficiency of the legal consequence of exceeding the stipulation time.In Chapter Three, I compare the legal consequence of exceeding the stipulation time both in Civil Law system, making it to be useful experience for our country.In Chapter Four, I give some suggestions to complete the legal consequence of exceeding the stipulation time, especially restructures legal consequence aspect, we should make multiplex the legislation ponder so as to pursue good approaches to perfect this institution meticulously.