On The System Of The Time Limit Of Proof

This thesis is mainly originated from the current civil procedure reform.I try toprovide the perfection of our civil procedure system with some constructive advicethrough the summing up analysis and study of the proof limitation system in pretrial.This thesis is written by the method of the combination of comparative studyand theoretical analysis.At first I analyse and compare the foreign legislativeexamples,then analyse the deficiency of our system,at last raise my individual pointson the reform and perfection of our system.This thesis is divided into six parts.The first part defines the proof limitation system as ?°A civil procedural periodsystem,in which,in the process,the party with burden of proof,will lose hisprocedural rights if he fails to or doesn?ˉt raise the evidences which can justify hisclaims within the period fixed by law,the appointment of the court or the parties?ˉmutual commitment?±,and introduces the history and legal significance of the prooflimitation system.The second part points out that the combination of procedural justice andsubstantive justice,efficiency and stability of the procedure,principle of good faithare the four mainstays of the proof limitation system,and separately explains theconcrete embodiment of them in the proof limitation system.From the third part to the fifth part,based on the comparative study,I concentrateon describing the reconstruction of the proof limitation system through analysing thedeficiency of our current system and the viewpoints of domestic scholars.At first,Ipoint out that the terminal stage of the proof limitation system should be fixed on theday when the evidences are regularized.Then,I emphasize that the result ofdisobeying the proof limitation system is losing the right of raising evidences,andaffording the expenses under specific circumstance.At last,I divide the newevidences into the newly produced evidences and newly discoveredevidences.Meanwhile,I restrict the reason of raising newly discovered evidences tonot for the material neglegence of the party,and suggest to abolish starting the trialsupervision procedure for the reason that new evidences have been discovered.On the basis of the foregoing context,the sixth part promotes some relativereforms to ensure that the proof limitation system runs well.Firstly,we shouldcomplete the means of invistigating and collecting evidences by the party in order tostrengthen the right of the party to collect evidences from the other side or a thirdparty,and complete our evidence exchange system.Secondly,we should weaken theright of the court to invistigate evidences and strictly limit the range of the evidencesto be collected by the court positively.Thirdly,judges guide correctly.