Reflection And Improvement Of Civil Proceedings Time-bound System

Evidence is the core and foundation of civil litigation and the perfect evidence system is the safeguard to realize procedural justice and substantive justice. The reform of the pre-trial procedure has been a hot research point in the theoretical field and the system for adducing evidence in limited time attracts the attention because of directly relating to the validity of evidence. In the civil legislation in China for a long time and judicial practice the ideology of adducing evidence at any time has been implemented and the loss of the system for adducing evidence in limited time has seriously affected the stability of the procedure of litigation and the improvement of the efficiency of litigation.In December 2001, the Supreme People's Court promulgated a number of rules on the evidence in civil litigation ,which provided the system for adducing evidence in limited time for the first time in judicial interpretation and made a major step forward in our civil litigation from the adducing evidence at any time to adducing evidence in limited time. However, some concepts of litigation lags, the system itself is far from perfection and the supporting systems lack, there are many confusions in the operation of this system in practice. In fact, the system for adducing evidence in limited time is a double-edged sword and mere is a certain degree of conflict between it and the real purpose of civil litigation, and it makes up the latent threat to the realization of the legitimate rights and interests of the parties,so rational choices must be made after balancing the justice and efficiency when it is applied. This thesis is based on that. It starts with the actual case and reflects the problems on the system for adducing evidence in limited time existing in the judicial practice to perfect our system for adducing evidence in limited time.This thesis is divided into four parts:The first part introduces briefly the current legislative status quo of the system for adducing evidence in limited time in our country,pointing out the core of this system is the voidancw of evidence, then analyzes the legal basis to establish this system.This part puts this system into the overall system of the civil proceedings for analyzing it and explains the value basis of its existence from litigant principle. In this section, the author pointed out the establishment of the system for adducing evidence based primarily on the principle of litigant economy and the principle of good faith and advocacy from the modern litigation.The second part first raises the problems of the system for adducing evidence in limited time that arose in practice through a case of a county branch of China Construction Bank v. a Limited company,introducing the operating status quo of this system.Then it explains the reasons for the problems in the judicial practice and points out the unreasonable parts of it. On the one hand the system for adducing evidence in limited time and the substantive justice collide, on the other hand the supporting system is not sound makes the current system for adducing evidence in limited time to some extent violate procedural fairness,while the disdinction between the system for adducing evidence in limited time and the other system of the voidance of right can not be treated differently leads the unacceptance of the parties,as well as the impact of the idea of traditional litigation, the lack of the public legal capacity constraints the positive role of the system for adducing evidence in limited time to play.The third part mainly analyzes some provisions and the legislative intent of the system for adducing evidence in limited time in the United States, Germany, Japan and other countries, as well as China's Taiwan region and Macao region and analyzes their merits and reasonable parts from the angle of the comparative law. These countries and regions with more perfect law have balanced the relationship between the justice and efficiency better ,established a more perfect matching system when establishing the system for adducing evidence in limited time so that it has played a better role in the judicial practice.In the fourth part, on the basis of the above analyses, the conception to perfect this system is put forward from China's actual conditions , first suggested the scope of the voidance of the late evidence should be properly defined on the condition of the subjective fault that the parties bring the evidence forward out of date.Then the improvement of the relevant systems is put forward in order to promote the system to play its more role in China. The conclusion mainly emphasized the vital significance of the establishment of the system for adducing evidence in limited time,and expected perfect and good system for adducing evidence in limited time to display its function value in the civil litigation in our country.