Study On The System Of Time Limit On Adducing Evidence

After the reform and opening up, with the social and economicdevelopment, the communication mode and relationship between peoplebecomes more and more diversely, so there are increasingly more conflictsand disputes. While, since the founding of our country, we take examplesfrom the Soviet Union’s Strong powers doctrine mode of civil trial way.This mode of civil trial way can’t solve these increasingly more conflictsand disputes. So, since the1980s, our country began to step on the reformof the civil trial way, strength the parties’ function and position, at the sametime, our country put forward to setting up the system of time limit onadducing evidence. From now on, the system of time limit on adducingevidence becomes one significant content of civil trial. It is significant forimproving the efficiency of lawsuit and realizing the procedural justice.In the current stage of our country, the system of time limit onadducing evidence is provided in article33to article46of “Rules ofEvidence”,“Notice on Time Limit on Adducing Evidence”, article10of“Judicial Supervision Procedure Interpretation”.All of these rules applyfor the main basis of the system of time limit on adducing evidence. While,because these rules are scattered, unclear, and the judges are influenced bythe traditional ideas of devotion to the objective real ideas, the system oftime limit on adducing evidence faced many problems in the process of itsimplementation. So, this system becomes one of the most innovative, themost disruptive systems, and, at the same time, this system also becomesone of the most controversial systems.At the present stage, The standing committee of the National People’sCongress is beginning to revise the civil procedure law, and collectsuggestions on this issue in the national scope. So, in order to analysis the system of time limit on adducing evidence on a deeper level, make thesystem of time limit on adducing evidence perfect, and be able to giveadvices, provide ideas for amending the civil procedure law, this articlecombines and analyses our country’s and foreign countries’ rules on thesystem of time limit on adducing evidence, and give some superficialsuggestions to this system.In addition to the introduction and conclusion, this article is dividedinto four chapters:The first chapter is an overview of the system of time limit onadducing evidence. Analyze the concept of the system of time limit onadducing evidence, the background of the system of time limit on adducingevidence, the constitutive requirements of the system of time limit onadducing evidence, the value of the system of time limit on adducingevidence, the relationship between the system of time limit on adducingevidence and the civil procedural, the system of evidence.The second chapter is about the comparative analysis of the system oftime limit on adducing evidence. This part introduces the related rules ofthe system of time limit on adducing evidence of some developed countries,compares and analyses The United States, Germany, France, and Japan’srelated rules, summaries some common features between these countries,which has important enlightenment to making our countries’ related rulesperfect.The third chapter is about the operation of the system of time limit onadducing evidence. This part discusses our current legislation on thissystem, clarify the provisions of this system，shows the positive effect onapplying this system, points out the existing problems, and analyses thereasons that cause these problems.The fourth chapter is about how to make this system perfection.Mainly according to the analysis of the problems that has been talked, thisarticle put forward some concrete advises which from the aspects of thesystem itself and the supporting measures.