Reflection And Improvement Of The Civil Evidence Of Invalidity

The evidence is the core of civil litigation. Not only the "that the lawsuit is the evidence" from the point of people, but also the "basing on facts is in accordance with basing on evidence" from the point of judge. Evidence of loss of the right system has become the focus of attention in recent years because it is directly related to whether the parties have the right to present evidence to prove their claims. The existence of evidence of loss of the right system has a value of its legitimacy because it urges the parties to the submission of evidence within the time prescribed, prevents litigation raid and avoids delays in the proceedings, which not only improve the effectiveness of the proceedings, but also protect the equality of the parties’status of litigation. However, due to the excessively strict legal consequences, it has caused a certain extent of damage to its substantive rights of the parties, which affecting the identification of the facts of the case and going against the pursuit of objective truth. For a time, evidence of loss of the right system almost embarked on a waste of the cusp whether it should exist or not. In2008made detailed provisions of the evidence of loss of the right system by the Supreme People’s Court.However, because these changes are only in a small range and extent, they do not play a fundamental role in the reform. Therefore, how to improve in order to make the evidence of loss of the right system to achieve the role of reform, how to make the evidence of loss of the right system re-affirmed, all that are important questions we must think about and research.This article discusses from the following four parts:The first part analyzes the legitimacy of the basis of the evidence of loss of the right system, an objective that the evidence of loss of the right system and substantive justice, justice, objectively true, etc. between the value of confrontation and conflict. The second part analyzes the evidence of loss of the right system for nearly a decade of implementation results, the status of the focus of the system reflect the main problem in the system itself is unreasonable, the lack of judicial runtime environment and lack of infrastructure. The difference of the third part of the two major countries evidence of loss of the right system requires a comparative analysis, and finally from the analysis summarized the thinking and direction of China’s evidence of loss of the right system reform. The fourth part of the Perfection evidence Invalidity path concept of reflection of national conditions and reality, learn from the experience of foreign countries, were clear evidence of loss of the right connotation and denotation, to establish the constituent elements of the consequences of the loss of the right to build a diversified submitted after the deadline the legal consequences of the evidence, the role of evidence of loss of the right system.