Civil Rules Of Evidence In The Judicial Application Of Summary

"The Supreme People's Court on a number of provisions in civil evidence",On December 6,2001 by the Supreme People's Court Judicial Committee meeting of 1201,since April 1,2002 commencement.The rules of the announcement and implementation of the people's court practice is not only the theme of justice and efficiency of a major move,but also to reform the civil justice system and China's accession to the World Trade Organization,upholding the principle of unity,the need to improve the legal environment."Rules of Evidence" Since the implementation has been effective in promoting business improvement of the quality of judges,the trial proceedings enhance openness and transparency,the people's courts correctly identified the facts of the case, fair,timely hearing civil cases provided a guarantee for achieving the goal of a fair civil trial and efficiency goals,Promote a very positive role in deepening reform in the People's Court is an important measure for speeding up the process of reforming the trial will play a positive role in promoting,people will be more convenient use of the weapon of law to protect their own legal rights and interests, protect and facilitate the parties in accordance with the law the exercise of the right of litigation,an increase of the public on the judicial activities of the letter.However, the "rules of evidence" in the judicial practice in the implementation of the specific situation is not optimistic, with the civil trial the continuous deepening of reform of this system in the practice of evidence in the course of operation of many imperfections,unscientific and does not meet the problem,the lead trial staff dare not boldly apply certain rules that the facts of the case,or some of the rules because of operational difficulties and not abandoned,not the "rules of evidence" to be embodied in the trial fair, open and transparent legal effectIn view of this,this paper trial practice of the "rules of evidence" the practice of the use of the actual situation, which summed up the actual existence of a whole series of issues,some of the reasons,the final proposal put forward its own response,with a view to enhancing the judge's judicial capacity,Civil Evidence promoting the further improvement of legislation.Based on the following aspects:First,in the implementation of the civil rules of evidence exist.From the five aspects of the summary,including in the party the burden of proof with regard to the five questions(not explicitly requires a judge to interpret the obligations applicable to the entire set of civil allocation of the burden of proof in principle,not a detailed set difficult burden of proof in cases commitment to the rules,no detailed provisions without the burden of proof to prove the facts, the taking of evidence material irregularities),In the people's court investigating and collecting evidence with regard to the two issues(not to limit and reduce the court's right to investigate and collect evidence for the court investigating and collecting evidence of a vaguely defined), the burden of proof in the time limit for the exchange of evidence and the existence of the seven(extension of the burden of proof "really difficult" and the applications for extension to determine the number and duration,the parties have agreed that the burden of proof does not have operable period,the burden of proof system too rigid time limit increase changes claim filed counterclaims and too strict, the burden of proof under the jurisdiction of objection period Fuzzy applicable,the necessity of pre-trial exchange of evidence difficult to grasp,the new evidence difficult to define and identify applicable),Testimony there's two issues (the witnesses could not be applied,expert rules lack operable),the audit found evidence of illegal evidence exist to define more a question of principle.Second,analysis of the reasons for the problem.Including the rules of evidence in civil encountered in the implementation of the legal culture of conflict(traditional legal culture it is difficult to adapt to the implementation of the rules,the parties litigation capacity of less than the requirements of the implementation of the rules,according to the rules of evidence and the results of the party committee of the National People's Congress magistrate recognized the outcome of court proceedings contradictions,the idea of updating the trial judge is not in place,organization and operation mechanism of delayed mode),Civil rules of evidence in legal practice experience in the implementation of the conflict (it is difficult to address the obligations of judges to become a clear obligation to allocate the burden of proof needed to further clarify,it is difficult to correctly handle difficult facts of the case bear the burden of proof,without proof of the fact that for specific analysis,investigating and collecting evidence of the people's courts do not conform with the actual national conditions,the extension of the provisions of hard evidence to the court to change the designated consultation period will not - and should not be restricted to finding out the facts of the case to allow the parties to the burden of proof to increase Change claim and counterclaim filed with the provisions of civil law should be consistent objection to the jurisdiction of the subsidiary during the period in the reply,there is no need for the exchange of evidence summary dispute cases,the burden of proof on time and civil law conflict,the witness does not appear long stretching awareness,excessive demands on the parties to avoid the burden of proof for some hard time).Third, the proposed solutions to this problem.Including improving China's system of civil litigation evidence(the results of the reform of the law of evidence and draw up a unified code, the judge clear that the exercise of the right address,the development of uniform distribution of the burden of proof standard will be difficult burden of proof to the facts of the case the power to decide control of the Supreme People's Court,and fundamentally solve the problem of the appearance of witnesses,judges take the initiative to launch an investigation into the appropriate procedures for leniency determine the scope and improve the system of proof time, the parties have agreed that the burden of proof clearly time limit and the time delay settings proof of review procedures and sanctions on new evidence suggested that the rate increase identification person to appear),Court reform of the internal management system(judges raise the level of business and political ideas and the quality of the trial proceedings to update the concept,the implementation of a new organizational model and trial operation mechanism, abolition of judges making accountability system,the judge cancelled system of rotation).