Analysis Of China's Civil Procedure Time Limit Of Evidence

The civil action is limited degree when being put to the proof, namely the evidence loses right, puts prescriptions or the invalid system of evidence to the proof. It is that the party proposes the evidence at time when legal or appoint, loses the system of proposing right over duly. Its nature is one kind which loses the right system. It includes two respects. First, time limit, it is during the enforcement of the legal or designated proposition right. Second, the consequence, namely if the party has not produced evidence to put forward the system of right on losing at time when legal or appoint.The theoretical foundation limited degree while putting to the proof is: The stable theory of the procedure, sincere principle, the just result pursues and the true doctrine of form. The stable theory of the procedure, mean the civil action should be launched in accordance with the time and space, thus make the procedure keep the stable state. The sincere principle is to reflect the sincerity to the party, make it exercise the right in time. It should be pursued with any lawsuit that benefit is that just. Form whether whom court's trial can only reach is it makes fact might be with having a error objectively to plan, but essential.Limit from foreign countries degree watch, Great Britain and America , and continent law department from propose to get out of changing in good time at any time when putting. Put forward the opinion including evidence and party at any time. Put to the proof time limit relate to procedure before examining, one important content too.The civil action evidence of the Supreme Judicial Court stipulates, stipulates to the definite way which puts time limit to the proof: First, the party consults and approved by the court. Second, court fixed time limit, namely is no less than 30 days. Is it is it give up right of putting to the proof to exceed the time limit to stipulate also. But this system lacks the legal basis, prepare the procedure before not perfect and examining, the clause is contradictory each other. For perfect further , should is it stipulate tosystem this , perfect procedure before examining clearly to make as soon as possible, define overdue consequence that puts to the proof ,etc.