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Evidence In Civil Proceedings Loss Of The Right System

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:L SunFull Text:PDF
Abstract/Summary:PDF Full Text Request
Evidence of loss of civil rights system is a system of civil evidence a very important part. Evidence of loss of civil rights system, is the civil parties in the law of evidence or court within the period specified, there is no evidence to the court promptly thereafter shall not be proposed, the party lost the evidence so right and the right to prove a system.The implementation of the Supreme People's Court in 2002 issued the "Provisions on Civil Evidence, " evidence of Invalidity fishes a preliminary set, so that our doctrine from the evidence at any time make a timely transition to Marxism.This transformation contributed to the implementation of the burden of proof, reducing the evidence of malpractice raid to improve the efficiency of litigation and litigation efficiency, safeguard judicial authority. However, evidence of loss of rights through the judicial system in practical aspects of the operation status of the inspection, we can easily find evidence of loss of power system in China is only "look beautiful", legislators and the legislative purpose of evidence in judicial practice run Invalidity There is gap between the real picture. Late loss of evidence, the right to a legal fact and the departure from the objective facts, making the party a long petition, of litigation, judicial impartiality to the test. How to properly handle, justice and efficiency related to the choice of positioning the concept of civil, judicial and other issues establish credibility. Right from the evidence of this loss of starting the practical problems raised by the development process of vertical and horizontal comparative study of the evidence to explain the meaning of loss right system of legislation, namely through the establishment of the system to guide civil concept of change. Evidence of Invalidity with the problems caused by deep-seated reasons:security system is not perfect, and judicial capacity, lack of capacity to action. From this point of consideration, the evidence Invalidity trying to raise a good point of departure to the reform of procedural justice concerns, but because ignoring the reality of the whole basis of civil action, not grasp the magnitude of progress, lack of necessary cooperation to be trapped in the system Trouble. This paper supported by the evidence of loss of the right system of values, to explore the root causes of loss right system to achieve the function of the evidence of possible return paths.Article consists of four parts of the topic to be addressed, the first part of the evidence for the loss of civil rights system overview of evidence from the loss of civil rights elements of the system, loss of civil rights system of evidence and civil procedure the theoretical basis of the value of the evidence of loss right system Elaborate on three aspects; second part is evidence of loss of civil rights system extraterritorial comparative study of the United States, Germany, France, Japan, evidence of loss of civil rights system to generalize and compare them to improve the basis of the relevant system; The third part is the system loss of the right of civil status of the evidence and analysis of evidence on the loss of civil rights system, after the longitudinal study analyzed the existing evidence of loss of civil rights defects in the system, the core of building bridges for the paper; The fourth part is the loss of the right of civil action Perfection evidence, the evidence from the loss of civil rights system and improvement measures to improve the direction to be addressed both to clarify and highlight the topic.
Keywords/Search Tags:Evidence of loss of civil rights system, The value of program, Duration of loss of the right, New evidence
PDF Full Text Request
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