Our Civil Procedure Evidence The Time Limit System’s Perfection

The morning of August31,2012, the eleven session of the twenty-eighth meeting ofthe NPC Standing Committee on " the civil procedure law amendment (Draft)" by a vote,the final by140votes, in the " Civil Procedure Law "(hereinafter referred to the latestrevised civil procedure law) is the highlight of the increase in crime outside the victimrelief procedure, clearly defined by the people’s court to determine the time limit. Thenewly revised civil procedure law increases the civil lawsuit time limit system of evidenceproduction rules, which is the most important to improve the time limit system of evidenceproduction level, the system in the law made his due position; and the mandatoryprovisions of evidence exchange system, the time limit for credit system supportingsystem more perfect; strengthen the discretion of judge, the limitation of proof systemmore flexible, improve the2001enactment of the " Supreme People’s Court on evidencein civil litigation provisions "(hereinafter referred to as " rules of evidence ") in strictcondition. However, after seeing the new civil procedure law on the time limit system ofevidence production at the same time, also found that the provisions of malpractice,earnestly needs to perfect.This paper expounds the concept and significance of time limit system of evidenceproduction basis, pointed out that the latest revision of the law of civil litigation in ourcivil procedure evidence the time limit system perfect, and then through the domain offoreign typical countries and Taiwan area of our country relevant system analysis and thelatest revision of the civil procedural law of limitation of proof system the insufficiency ofthe perfection of civil procedure evidence the time limit system specific proposals,suggestions including enacted judicial interpretation in order to enhance the time limitsystem of evidence production operation, limiting judges in the time limit on the excessivediscretion, establishment and proof limit of corresponding system three aspects.