A Study On The System Of Time Limit In Providing Evidence In Civil Litigation

The system of time limit in providing evidence is an important institution in our country's civil litigation, as one kind of period system, time limit in providing evidence involves the litigant's procedure right and entity right. So it not only needs to stipulate the time limit in providing evidence.but also must stipulate legal consequences if exceeding the time limit. Therefore, the system of time limit in providing evidence refers to that in the civil litigation, the litigant who has the burden of providing evidence, in the deadline which the law rule, the court assign or the litigant agrees mutually, to the court proposes the evidence material which supports his propositions to the court. If exceeding the deadline, he will undertake the legal consequences of losing rights.The system of time limit in providing evidence take the legal real principle, the procedure peaceful theorem to discuss with the lawsuit economical principle and so on as the rationale. The legal real principle thought that the reality which the evidence the investigation collection will receive the time, spatial and the ascertainment method limit, the hearing will recognize the fact basis which can only draw up. the court can achieve can only be the law real and impossible is objective real, the law will have the possibility and the objective real existence error really, but the law real will be necessary. The procedure stable theory is refers to the time which civil litigation's operation should decide legally with the spatial structure to launch and to make the result successively to decide, thus causes the lawsuit maintains the methodical steady state. But the lawsuit economical principle is civil litigation's design and the operation must meet the economic efficiency requirement, namely in the civil litigation, the lawsuit main body must make the best lawsuit progress as far as possible by the smallest lawsuit cost, realizes the lawsuit goal. Is precisely in above theory and under the principle support, the system of time limit in providing evidence to set up had its theory basis. The establishment of the system of time limit in providing evidence, is not only advantageous to procedure fair realization with the lawsuit efficiency enhancement, and moreover is advantageous to the social order harmony.The system of time limit in providing evidence originated from the system of loss of the evidence. At the right moment proposed the request is not only restricted in the evidence, meanwhile includes litigant's contents and so on lawsuit position:Presents evidence the deadline the limit the procedure to have the close relationship before examining, before or examines, a procedure important content:Presents evidence the deadline the limit the procedure to have the close relationship before examining, before or examines, a procedure important content; Exceeds the time limit the legal consequences which to the litigant presents evidence, has a relatively more reasonable stipulation, but compares the civil law legal system in this aspect the common law legal system to be stricter. Inspects two big legal system representative country to present evidence the time limit system's related stipulation, the full research analyzes its general character and the individuality, will present evidence the time limit system's consummation to our country also to have the enlightenment."Evidence Rule" since releasing has made up our country about to present evidence the time limit system's blank, but about the system of time limit in providing evidence's stipulation still to have many insufficiencies and not satisfactory place, causes also to have many contradictory conflicts in the concrete implementation process. Therefore, consummates our country to present evidence the time limit system to be imminent, should mainly from present evidence the time limit the final stage to stipulate that to exceed the time limit the legal consequences which, the fresh evidence related stipulation as well as the litigant presents evidence increases, the change lawsuit to request and makes the countersuit the deadline to stipulate and so on aspects obtain, to propose consummates our country to present evidence the time limit system related stipulation the suggestion, strives for to establish truly, suits our country national condition development the civil litigation to present evidence the time limit system.