Time Limits On The Civil Burden Of Proof System

The burden of proof to restrictions on the evidence cited in the civil system is one of the focus,but China's current civil law system time of the civil burden of proof are not clearly defined.With the reform of the civil justice is increasingly deepening,as a serious constraint to achieve the target value of civil burden of proof time the judicial system has aroused extensive attention.December 2001,the Supreme People's Court issued a "civil evidence on a number of provisions"(hereinafter referred to as "certain provisions"),in the form of judicial interpretation to establish the time of the civil burden of proof system,which our system of civil litigation reform and development with far-reaching impact,but because of the limitations of judicial interpretation and their own shortcomings,it is difficult to meet the needs of modern civil litigation system.This paper will be based on China's judicial practice and learn from Western countries the burden of proof time of the main legislative system,through research and analysis system time civil burden of proof,in an effort to resolve litigation practice of the problems and the promotion of civil proof system perfect time,eventually China's model by civil parties to the terms of reference of the conversion procedures and systems to provide protection to both parties fully protect the rights of ideas and evidence,and it also enabled the parties to understand:the law or the people's court within a specified period is an obligation to give evidence or responsibility,the burden of proof is the civil deadline should consciously abide by the rules,do not abuse the right to present new evidence at any time delay in the proceedings,evidence engage in other raids resulting in a disadvantageous position in litigation.Therefore,this article contains the body of seven parts,as well as the introduction and conclusion content.The first part is proof system of the time limits outlined.First time on the system of proof of the meaning and content of the definition,then the burden of proof of the system in accordance with the time limits and objectives,proof once again of the time the legislative system,the burden of proof time and the burden of proof system deficiencies time operating system environment, introduced last the burden of proof and determine the nature of time.Time system means that the burden of proof the burden of proof obligations of the party should be prescribed by the law or court-appointed deadline to prove its claim the corresponding evidence,should bear the burden of proof overdue evidence of the legal consequences of failure of the system during a civil action.The time limits established by the proof system is mainly based upon the civil principle of good faith,aimed at the establishment of the following three points:First,the burden of proof positive to the parties,the efficiency of the proceedings;secondly,to prevent evidence of the "surprise attack";Third, to fight court proceedings and evidence points to collate.As a system,its legislative provisions embodied in the "certain provisions",including the following major issues:the critical point of time the burden of proof;time proof of the legal consequences of the system;proof time exceptions;and the burden of proof Related to the time limits problems.The system itself,the burden of proof there is a time limit system defects.The system is essentially the result of the parties to exclude the evidence put forward late proved right and the right.The realization of value from a legal perspective,the burden of proof time system is not always conducive to a fair and efficient implementation.From the operation of the judicial practice,the burden of proof still time operating difficulties.The burden of proof on the time of the system's operating environment of the burden of proof from the time of the litigation system institutional environment,the legal environment,political and economic environment,as well as environmental litigation concept of the four aspects.From the nature of that period is a period of proof.As a period, the nature of the problem is that during this period is a statutory,or designated period."Certain provisions" of the burden of proof has made explicit stipulations on the period:"the burden of proof from the People's Court designated period,a designated period of not less than 30,since the party received notice of the case and the admissibility of a notice responding to the beginning of the next day."The second part of the proof of the legal system based on time and value analysis.Proof time system embodied in the legal basis:First is the concept of the burden of proof,the burden of proof time function is provided by the parties is not the burden of proof in the period to give evidence,the evidence will be lost and the right to prove that the right to bear the risk of losing,The burden of proof to effectively carry out,followed by the principles of honesty and credibility,the parties in the period,the burden of proof is not proof and late new evidence,and sometimes may also be justified by new evidence,but more likely for the implementation of the parties evidence of deliberate attack, and the parties lawyers for their own interests,frequently abused the right to present evidence,the proceedings complicate and delay the proceedings, unnecessary expenses,then the other party caused the collapse,forcing them to accept the adverse reconciliation,or the belated justice no effect on the other use,it is necessary to establish in civil law principle of good faith,and the pursuit of litigation open,just and fair,inhibition process rights abuses,the burden of proof is on the prescription system that the parties should be fully in evidence at the level of honesty and credibility;again is a procedural stability and the principle that the operation of civil law for the time and space structure has started and make a final decision,so that litigation maintain orderly and stable state,the evidence raid violated the principle of equality as well as the parties of good faith principles,procedures contrary to the principle of stability,we must proof system provides time to the pursuit of stability and the value of procedures.Proof time system has the following values:values of justice,judicial efficiency values,procedures and stability as well as improve the value of the value system of civil litigation.The third part is the time limits on China's burden of proof analysis of the status of the system.From the China's current analysis of the legislation:in our civil proceedings,the parties in any stage of the proceedings at any time and can be advocates of new facts and the presentation of new evidence,the law on the parties to present evidence stage and almost no time What restrictions.Of course,China's legal system and the public did not completely rule out the possibility of timely evidence,such as the special procedures of the Marine Act litigation section 84 provides that "the parties should be completed before the trial the burden of proof." My proof time the status of implementation of the system are as follows:First,the case file in the court file,the file to the plaintiffs served notice to the defendant notice served on the respondent at the same time issued a notice of proof,litigation notes,the burden of proof in actions indicative guidance material,and the burden of proof for determining the business case for trial have not yet been transferred, by the Court of reunification included the original file the evidence submitted by the defendant;Second,the parties apply to the court for the transfer of evidence from the court file for the transfer of responsibility to be handed over to the business case for trial from the trial were to write an outline survey by the Chamber file accessible;three courts at the grassroots level is the exchange of evidence for use in small,individual courts have not yet even been evidence exchange,the Intermediate People's Court relatively speaking more exchange after the trial focus on the fight against controversial point and the facts and evidence of investigation and debate.The fourth part,is the burden of proof on overseas time limit for inspection.This part of the inspection were Germany,Japan,the United States and China's Taiwan region of proof time system.Through the inspection,we found that the burden of proof to establish time limits system and the timely evidence of the trend of the times,for most of the countries and regions recognized by the legislation.PartⅤis proof specific time limit application of the system analysis. Proof time system specific application found in the following areas: Jurisdiction objection during the burden of proof should be included in the period;notice for the case to confirm how the burden of proof for the problem of proof agreed time can change people's courts the burden of proof specified time limit;proof after the expiry of the time limits can apply for the identification of the problem after the expiry of the burden of proof can increase,change or litigation request filed counterclaims,as well as the parties in the period before the expiry of the burden of proof filed counterclaims,it is difficult to operate in practice issues.PartⅥof the burden of proof on time system defect analysis.The burden of proof on time system defects are as follows:First,deviate from the purpose of civil proceedings,the burden of proof deletion time protection mechanisms;Second,the claim time,time that the relationship between the time and the burden of proof have not been made clear;Third,the burden of proof less time system Comparative Study comprehensive,easily misleading.PartⅦof the Civil proof in the time system and the status of the existing problems on the basis of Western countries and the burden of proof from the relevant provisions of system time from the macro level and micro-level to reform the civil burden of proof China's current time system. From a macro level,should do a good job in the following two aspects:First, focus on efficiency of the proceedings,speed up the pace of legislation Second,improve the pre-trial preparation procedures,and establish complementary litigation system.At the micro-level,they should do the following seven aspects:a clear Prosecution Court for the exchange of evidence and included the departments Second,improve the pre-trial preparation procedures,and establish complementary litigation system;three, strengthen evidence stolen system,on the "new evidence" re-defined;4,and improve the exchange of evidence and the exclusion rules;5,rich clients collect evidence means to improve the level of legal protection;six,lost the right of reply system settings;7,the "provision" Article 34 Although paragraph 2 of the contract reflects the spirit of the proceedings,but the common proceedings necessary omissions,to revise and improve.