A Study On The Time Limitation System Of Civil Evidence In China

With the deepening of China’s economic reform, the shortage of civil litigationand judicial resources in a more prominent contradictions. To establish a perfectsystem for adducing evidence in limited time can be very good to ease China’s hugecivil judicial pressure, better safeguard the socialist countries and economicconstruction. Although early in2001, the Supreme People’s court has promulgated the"Regulations" the Supreme People’s Court on evidence in civil proceedings, markingthe national transitional China has moved from a evidence at any time for timelyproof system state, but because the law itself exists many unreasonable provisions, ifthe evidence disqualification in the judicial practice has been controversial, did notplay a good effect. Amended in2012, through the "Civil Procedure Law" has alsoincreased on the time limit for adducing evidence relevant provisions but little effectis too general, plus other proof limit supporting measures such as the lack of pretrialconference system, compulsory defense system because of the proof limitation systemmade in the judicial practice in our country.The proof limitation system refers to the parties in civil litigation, should be inthe two sides equal consultation or under the authority of a court within the time limitspecified by the present evidence, the adverse consequences of overdue burden ofproof shall explain the reasons and take legal system. Based on the concept of theproof limitation system expected core idea can seize evidence the time limit system,provides the theory basis for the further analysis. Then the author studies according tothe related theories in proof limitation system in main countries of the two legalsystems and implementation experience, summed up the experience and learningpoints worthy of our reference.First, the world’s major countries under the rule of lawfor the proof losing right is still cautious, even Britain and the strict implementation ofthe proof limitation system states are formulated through some other measures to tryto avoid the proof losing right situation. Second, successful implementation shouldestablish a complete set of measures to assist the proof limitation system. Finally, pointed out the shortage of our evidence the time limit system: such as thecorresponding supporting measures not perfect, the lack of compulsory defensesystem and pretrial meeting system, lack of institution justice explain, and the law istoo general lack of interoperability issues. Put forward to want to walk out of theproof limitation system must improve the supporting system in our country’spredicament, walk out of the proof losing right as the core of the old time limit systemof evidence production of the old road, to set up a reprimand, fine as the main meansof regulation to the proof limitation system, using the proof losing right suggestions.Hope to provide some reference for the development and perfection of our countrypresents evidence the time limit system.