On The Civil Burden Of Proof Period

The system of time limit in providing evidence originated from the system of loss of right of providing evidence in western countries, China's Civil Procedure Law gave no items involving this system, evidence can be brought forward at any time. In Dec.1, 2001, the Supreme People's Court issued for enforcement Provisions on Civil Procedure Evidence. The system of time limit in providing evidence was validated formally. presents evidence the time limit system the rationale is the procedure stability theory, the honest credit principle and the lawsuit economical principle. Regardless of is the mainland legal system or the British and American legal system, all in under the modern civil judicial reform movement actuation, completed the evidence to propose as necessary the principle to the evidence at the right moment proposed the principle transformation, presented evidence by a set time has obtained the mutual recognition basically, and became is suitable the evidence legislation rule generally, the various countries' civil procedure law or the civil action rule regarding this has made the regulations. Although, through the trial way reform and the judicial practice endeavor, presented evidence the time limit system already to be able to establish in our country civil action, moreover developed the consummation gradually; But, comprehensive survey our country related presents evidence the time limit at present the stipulation, still exists many imperfect and is unsatisfactory the place. Mainly has: First, and civil procedure law certain system existence conflict; Second, the determination already has not sentenced in the strength to lose power the potency; Third, the provision stipulates is not clear about, is mutually contradictory and is redundant; Fourth, the system content is imperfect. The comprehensive survey West country under the rule of law evidence loses power the system, is not front took an isolated individual existence, often is take complete examines prepares the procedure as the premise and the safeguard, assists consummation judge the system and the barrister system. Our country "Evidence Stipulation" while had stipulated presents evidence the time limit system, does not have the corresponding system to safeguard actually. In view of this, the article finally proposed consummates several me who our country civil presents evidence the time limit system to see.