Disquisition Of The Proof-Losing-Right In Civil Lawsuit

In our country, Inducing evidence at any moment in civil lawsuit had destroyed the justice, stabilize, and the efficiency for a long time. In December 2001, Several rules of the supreme people's court of the PRC on Evidence in civil lawsuit established the domestic system of the Proof-Losing-Right in civil lawsuit, and finally completed the change form Inducing evidence at any moment to Inducing evidence at limit time. But because of the one-sided value orientation, the imperfect of the system itself, as well as lack of other necessary peripheral systems, causes the consequence of the Proof-Losing-Right appeared somewhat harshly.This article is divided into four parts to discuss the Proof-Losing-Right in civil lawsuit. The first part summarizes the Proof-Losing-Right, which analyzes its connotation, its rationale and value. Emphasizing the value selection principle to judicatory must be "justice is the first, efficiency is the second", and we can't distort its value to purse efficiency. The second part is about the Proof-Losing-Right in foreign countries. The author analyzes and compares the differences of the system between the USA, France, Germany and Japan. The third part analyzes the current situation and problems of the Proof-Losing-Right, and it points out the reasons for existing problems inside the Proof-Losing-Right in civil lawsuit in our country. The fourth part advances the conception of improving the Proof-Losing-Right in civil lawsuit in our country, and puts forward the approach to perfecting the Proof-Losing-Right in civil lawsuit in our country. The author aims at the value of justice, derives the advanced experiences of foreign countries, figures out a series of exact institution for improving the above system, and finally suggests that auxiliary institution be established to perfect the Proof-Losing-Right in civil lawsuit in our country.