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Research On The Civil Proof Losing-Right System

Posted on:2013-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2246330374970545Subject:Law
Abstract/Summary:PDF Full Text Request
Long-term since, our country presented evidence at any time in civil litigation legislation and in the judicial practice without the civil proof losing-right system. With the deepening of the reform of the trial,"justice and efficiency" is the current judicial reform theme. In Dec.6,2001, the Supreme People Count issued "rules of evidence" on the civil proof losing-right system in our country. It is the first time for the Supreme People Count made provisions about the civil proof losing-right system. From then on, we transform from the submitting proofs anytime to the submitting proofs in certain time.But, the civil proof losing-right system of China has been in the dilemma in the practice. Because of rigid result of invalidity and lack of procedural protecting system, the civil proof losing-right system Can not guarantee the substantial benefit of parties. So the judge always denies using proof invalidity, which makes regulation about proof invalidity can not fulfill its function."The regulation about the time of submitting proofs" issuing by the Supreme Court in2008includes many contents about the time control of submitting proofs and new proofs."The regulation about the time of submitting proofs" enhances the original problem such as the consequences of proof losing-right, procedures for the determination of" new evidence", the relief of the parties, evidence exchange perfected is still wait for solved, and these hot issues are still need be in the study.This paper is divided into four parts.The first part is about the civil proof losing-right system, mainly discusses the concept of the system, constitutive requirements, development of origin and it’s value.The second part mainly introduces the civil proof losing-right system of the other countries. Compare and contrast the civil proof losing-right system of two legal systems in an attempt to give an useful reference to perfect our civil proof losing-right system.The third part discusses the civil proof losing-right system in china. First, summarize the civil proof losing-right system’s history in China. Second, analysis the existing provisions of the civil proof losing-right system. Last, analysis the judicial practice problems of the civil proof losing-right system in China.The fourth part content is about the moves to improve civil proof losing-right system in China. First analyzes the dilemma of civil proof losing-right system in China,then points out its reason, and gives some my own advices.
Keywords/Search Tags:The civil proof losing-right system, Time of submittingproofs, News proofs, Existing problems, Improvementmeasures
PDF Full Text Request
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