On The Perfection Of The Civil Evidence Invalidity

Proof is the soul of litigation process,and it contributes to the benefits of either party of litigation,so it is a basic and key element of civil litigation.The practice of reasonable and perfect proof system will have a great and profound effect on the reform of trial way, even the overall civil judicial institution.The proof invalidity institution dates back to the concepts of legal sequence and free sequence.The former denies delayed proof in a strict way,while the latter allows proof to be presented at a necessary time,which offers chances of sudden strike of proof as well as adequate right for them to act on their own in pursuit of objectiveness and genuineness.Hence free sequence ignores the stability of procedure and judgment,increases litigation burdens,and makes the late justice become injustice.Accordingly,the concept of adducing proof at a proper time comes with the tide of fashion with the function of implementing the institution of time limitation of adducing proof effectively by affirming legal consequence of invalid proof and urging litigants to give proof actively.The current domestic legislative situation calls for further theoretical study on proof invalidity.Meanwhile,the legislation reform should be advanced and the domestic institution of civil proof invalidity should be perfected,by means of focusing on the balanced value concept inside the institution,protecting litigants before proof gets invalid,and also by combining foreign advanced experiences with Chinese local situation.This thesis adopts the studying approaches of comparative analysis and combining theory with practice.It starts with historical development and reformation,probes completely and objectively into the logic structure of the institution of civil proof invalidity and reveals the global trend of the establishment of the institution of civil proof invalidity.With the aim of contributing to a shift of traditional domestic notion of legislation and pushing forward domestic process of legalization,this thesis takes as the starting point the balanced concept of legislation justice,legislation efficiency,procedural justice and substantive justice,sets off from instinct unity of objective genuineness and legal genuineness,and carries out a creative,pointed and deep demonstration and analysis of the value of the theory of the value of proof invalidity.Consequently,taking into account the comparison with the two major legal systems and domestic historical development,it leads to the perfecting of domestic system of proof invalidity of civil legislation,in the hope of perfecting the train of thought of legislation of domestic proof institution,and achieving essential shift and progress of domestic litigation layout.