Time Limit Of Evidence Reflect

Provisions on Evidence in Civil Procedure,promulgated by the Supreme People's Court(hereinafter referred to as the Provisions on Evidence) is the first judicial interpretation on civil evidence since the implementation of the Civil Procedure Law.The Provisions on Evidence ends the history that the parties can adduce evidences in any stage of a lawsuit and establishes the time limit system on the parties's term of adducing,which results in Timely Proof-System.The promulgation of the Provisions on Evidence provides beneficial legal guarantee for the judicial reform goal-fairness and high efficiency.However,in the practice of judicial actions,the procedural justice and value idea of improving litigation efficiency established through this system conflicts with the substantive justice of the legal cases.Moreover,there are some deficiencies and flaws of the provisions on the Time Limit of Proof in the Provisions on Evidence.The above mentioned elements lead to the different procedural operation of different courts in the judicial practice. Therefore,the Time Limit of Proof should be further developed and improved.This article includes the introduction and three main parts.Part one is Connotation and Value Analysis of the System of Time Limit of Proof. In this part,from the point of connotation of the System of Time Limit of Proof and the development of the two law systems,the author analyzes the legal consequence of proof losing-right and describes the significance of the System of Time Limit of Proof,and further analyzes the value objective of the System of Time Limit of Proof.Part two is Establishment and contents of the System of Time Limit of Proof in China. In this part,the author analyzes the concrete application of the System of Time Limit of Proof in the civil procedure and the necessity of the establishment of the System of Time Limit of Prnof in China.As the most important content of this article,this part includes four aspects:the determination ways of Time Limit of Proof,Time Limit of Proof and Evidence Exchange,Time Limit of Proof and Proof losing-right,the definition of "New Evidence".The author analyzes the two determination ways of Time Limit of Proof,the relationship between evidence exchange and evidence discovery,the effect of evidence exchange and evidence discovery in pretrial procedure,the legal consequence of proof losing-right and the new evidence as the exception of proof losing-right. The author also analyzes the relative provisions on the System of Time Limit of Proof in China and points out the legal consequence of proof losing-right resulted from adducing the proof beyond the time limit and meanwhile points out the author's confusion of using the proof losing-right in the trial practice.Part Three is Deficiencies and perfection of the System of Time Limit of Proof.In this part,by analyzing the provisions on defense of defendant in the System of Time Limit of Proof, the author discusses that the absence of the defense losing-right violates the principle of the equality of litigation status for both litigants. Meanwhile,by analyzing the relationship between the time limits of proof engaged by both litigants and appointed by the court,the author points out that the provisions on time limit of proof,statutory or appointed,can not be applied in the judicial practice.Thus,the measurements of demanding the litigants to increase,change claim or put forward counterclaim before the time limit of proof are not appropriate in the judicial practice.On the basis of empirical research,the author puts forward some thoughts on the perfection of the System of Time Limit of Proof in China.