Of Civil Evidence Invalidity Research And Analysis

The proof invalidity institution is an important part of the Cvil Suit System. The quality of design becomes the key whether the civil suit system in a country cart work well. The proof invalidity system in our country has developed from nothing to being, from the odge to the center, from the the oretical study to the judicial practice. The proof invalidity institution dates back to the concepts of legals sequence and free sequence. The former denies delayed proof in a strict way,while the laaer allows proof to be presented at a necessary time, which offers chances of sudden strike of proof as well as adequate right forthem to act on their own in pursuit of objectiveness and genuineness. Hence free sequence ignores the stability of procedure and judgment, increases litigation burdens. 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 proofactively. But due to China's legal environment is still not mature. This makes the original ideas and superiority of the system can't be materialized. The emphasis of this thesis is to discuss how to design tile Proof-Losing—Right System in our county, which can exert its function and also overcome the negative effect mentioned above.This thesis expatiates the theoretical basis for The proof invalidity institution, put forward the suggestion for improving it through analyzing its value, studying the overseas legislation and considering the actual of the legislation andjustiee in our country. This paper is going to analysis the reasons of the gap between 1 egislation and administration of justice, and to perfect domestic system of proof invalidity of civi legislation.