Font Size: a A A

Comment On Perfecting The Time Limit System Of Inducing Evidence

Posted on:2009-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:M W ZhongFull Text:PDF
Abstract/Summary:PDF Full Text Request
The time limit system of inducing evidence is an important component of the evidence system .It is an essential means to implement the domestic system of burden of proof and the trial system, and it is also of vital importance in realizing the efficiency and value of the litigation process. When comes to the domestic time limit system of inducing evidence, the development of the system in the western countries experiences three phases. Inducing evidence according to legal sequence; Inducing evidence at any time and Inducing evidence at proper time. But the rules on this issue cannot be found in the "Civil Action Act" Of a long period, the proofs can be raised at any time during the civil procedure, which affect the justice, the stability and the efficiency of the litigation seriously. In December, 2001, the Supreme People's Court enacted "Several Rules of the Supreme People's Court of the PRC on Evidence in Civil Procedure". After a long period or academic research, the time limit system of inducing evidence was finally prescribed in the judicial interpretation. It is a great step forward in the development of the evidence system .But the incompleteness of the system and the mismatch with the pre-trial preparation system and other peripheral systems as well as the inadaptable with the current circumstances should still responsible for the defects of this system.This dissertation employs the ways of comparative analysis and it relates theory to the practical application. The purpose of my research is to discuss the improvement of the time limit system of inducing evidence. On the basis of discussion about the theoretical foundation of the system, I analyzed the value of the time limit system of inducing evidence. Through the comparative research on the overseas legislation systems, and take into consideration the current challenges of China's time limit system of inducing evidence, I try to give some ideas and suggestions on the improvement of the system.
Keywords/Search Tags:Time limit of proof, Strict time limit of proof, Tolerant time limit of proof, Pretrial procedure, New evidence
PDF Full Text Request
Related items