Study On The System Of Time Limit On Adducing Evidence

The system of time limit on adducing evidence was firstly established in"Provisions on Evidence in Civil Proceedings", hereinafter referred to as"Rules of Evidence", which was promulgated by the Supreme People's Court in 2001.It was recognized as an important innovation by the academics, because it greatly reformed the doctrine that evidence can be raised at any time in litigation. But in more than six years after the enforcement of"Rules of Evidence", the system of time limit on adducing evidence has encountered difficulties in operation. It failed to achieve a good social effect. As time went by, judges began to take a cautious attitude toward this system. Through the reflection of the fundamental and systemic issues, combined with the reference to other national and regional relevant systems, and the analysis of the new judicial interpretations, this article tries to provide a basic idea to the solution of the difficulties encountered, and to put forward specific advices to perfect this system.In addition to the introduction and conclusion, this article is divided into five chapters:The first chapter is an overview of the system of time limit on adducing evidence, which briefly introduces the theoretical source, concept, mechanism and value of this system, and during which it introduces the basic regulations of this system in"Rules of Evidence".The second chapter is a comparative study on this system, which introduces the relevant regulations of pretrial procedure and disqualification of defensive and offensive methods in civil procedure in the United States, Germany, Japan and Taiwan Region. From the above analysis, I get four important inspirations to perfect this system in our country.The third chapter is an analysis of the plight in the operation of this system. Firstly, this article reveals the difficulties encountered in the application of this system after the enforcement of"Rules of Evidence". Secondly, it analyses the reasons for the above difficulties, mainly on the value choice, legal philosophy, realistic basis and system construction of this system.The fourth chapter is a deep analysis of the new legislation development of this system, including two judicial interpretations enacted at the end of 2008,"Notice on the Application of the System of Time Limit on Adducing Evidence in Rules of Evidence", hereinafter referred to as"Notice on Time Limit on Adducing Evidence", and"Interpretation concerning the Application of Judicial Supervision Procedure Regulated by the People's Republic of China Civil Procedure Act", hereinafter referred to as"Judicial Supervision Procedure Interpretation". At the same time, there is a comparison and integration on the same issues in the three established judicial interpretations.The fifth chapter is about the perfection of this system. This article puts forward the guiding ideology in perfection, and specific suggestions on the system of time limit on adducing evidence itself and related supporting systems.