On The Improvement Of Proof Invalidity System

Proof invalidity system was established by Civil evidence rules which promulgated by the Supreme people's court in 2001. The establishment of this system is indeed greatly improved the effectiveness of the proceedings, saving judicial resources. However, in see these advantages in proof invalidity systrm at the same time, we should also see the existence of the system defects in the legislation, in particular, the consequences are too strict to its lack of legitimacy, which in theory and practice there are all sorts of difficulties and obstacles. This paper argues that, to improve our proof invalidity system, we must start from the efficiency and stability, and substantive justice in the balance of the justice of invalidity and grasp the range, finds reasonably practicable standard by examining the situation of our country, ensure transparent and norms of invalidity in cognizancing, and the peripheral system to improve. Only in this way, can dissolve the proof invalidity system in practice on the problems and contradictions, so that the system can effectively run.This paper is divided into four parts:The first part is the present situation of proof invalidity system. This part states the existing problems of this system from the legislation, judicial practice and theoretical research reveals.The second part is the cause analysis. This part analyzes the reasons which made the proof invalidity system in trouble. There are five reasons:Theoretical study insufficient, tough consequences of invalidity, effect not clear, lack of procedure guarantee and the surrounding system is not improved.The third part is improvement of the theory. This part comb theoretical basis, through reference to the honest credit as balance, grasp the nature of invalidity and its scope in the conflict of efficiency, stable these two concepts and substantive justice.The fourth part is improvement of concrete system. This part proposes microcosmic ideas in improving our country's proof invalidity through the review of civil lawsuit system and judicial actual situation.