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The Voidance System Of Civil Evidence

Posted on:2009-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:K WuFull Text:PDF
GTID:2166360272983989Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
Evidence plays an important role in civil litigation and it's not only the basis of court judgment,but also a key measure for the party to realize his civil rights.The parties have to present sufficient evidence to prove his allegation for winning the case.However,if the party is allowed to present the evidence any time during the civil action,many disadvantages will be caused,such as delay of the cognizance,low efficiency,disturb the peace of the judicial process,one party make evidence attack to impair the other party's rights.So there should be a system governing the time and the results of parties presenting the evidence.The voidance system of civil evidence is also called time limit system of presenting evidence,it refers to the system that the party concerned who bears the responsibility of offering testimony fails to bring evidence to the court within the period designated by law or by the court and is forbidden to bring testimony again and hence loses the right to offer testimony.It is an important part to perfect the evidence system,which can overcome all the disadvantages caused by presenting the evidence at any moment.The system contributes to guarantee the equal litigation position of both parties and improve the litigation efficiency;most of the nations in the world have already adopted it.《Civil Procedure Law》in our country does not stipulate any related provisions to this,until in December 2001,the Supreme People's Court promulgated《Certain Provisions Concerning Evidence In Civil Procedure》just initially set up this system,which transformed presenting the evidence at any time to at due time in our country.But because the system has just been established, there still exist some unclear or even illogical provisions of the content; the related integrated measures are not very perfect either.So it is necessary to consummate the system to better serve the civil cognizance.This text is totally divided into four parts: Chapter 1 summarizes the concept and value target of the voidance system of civil evidence.It is advantageous to guarantee the fairness and stabilization of the civil procedure,improve the trial efficiency,perfect civil procedure system.The aggressive meaning of the system has been affirmed.Chapter 2 mainly introduces the pertinent provisions concerning the system of United States,Germany,France and Japan.Then analyze from the comparison angle to compare the parallel and different provisions among these countries,explains the deep reasons for the situation.We can draw lessons from it to perfect the voidance system of civil evidence in our country.Chapter 3 from the view of the background for establishing voidance system of civil evidence in our country,sums up the disadvantages caused by presenting the evidence any time during the civil action,affirms the huge progress made by《Certain Provisions Concerning Evidence In Civil Procedure》,which transformed presenting the evidence at any time to due time.Introduce and make a judgment of the set up of the system,find the unclear parts of it.Comment on some problems existing in the fulfillment of this system and point out that we still need to further detail the contents to perfect the voidance system of civil evidence.Chapter 4 introduces different understandings to the system among theoretical and practical areas.Analyze and refute the objections for continuing the system,which helps to understand it with theoretical grounds.Affirm the positive meaning to practice the system and put forward some perfect suggestions to better improve the efficiency the protect the interest and rights of the party concerned.
Keywords/Search Tags:period for presenting evidence, new evidence, value, perfect
PDF Full Text Request
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