Research On The Proof-right-losing System

Since the implementation of the proof-losing-right system, there was many deficiencies,and it received extensive attention. Academic group appeared two arguments, it is "dangerous " and" reform".In the other word,it is the proof-losing-right system abolitionstruggle. Namely, whether called useless proof losing-right system is necessary in ourcountry continue to retain. The author thinks, the proof-losing-right system should not onlymeet the two big legal system country evidence law development trend of history to beretained, also should be carried out with procedural justice as the value pursuit of the reform,to balance the procedure justice and the other value goal conflict, especially the conflict andbalance between fairness and efficiency, in the proof losing-right system performance veryobvious. Therefore, how to construct a fair procedure, solve existent problem, the real play ofthe system function, is present in the civil procedure law process must deal with the problem.The full text is divided into five parts, as follows:The first part is the proof losing right in legal basis, mainly from the legal point of viewdiscusses the proof losing-right system in the legitimacy of the existence of, for the systemin the civil procedure law and to provide theoretical support for the formal establishment ofperfect.The second part is the proof losing-right system in China Problems and controversies,mainly involved in the rules of evidence into the proof losing-right system, raised the theorycircle of our country heat is discussed, and the academic views on the question are dividedinto two kinds of viewpoints. At the same time, the existing system and the problems existingin the practice of objective analysis.The third part is the proof losing-right system the value of conflict and coordination onthe study, mainly on the selected typical representative countries, namely, Germany and theUnited States of the Anglo-American law system, conducted from efficiency to fair valueexploration, according to the study conclusion is that our country the proof losing-rightsystem in practice reach enlightenment.The fourth part is our country the proof losing right reform trend, based on the analysisput forward the proof losing right in their own perfect measures, including the requirements of a plurality of lost rights and sanctions mechanism construction. Given the loss of right ofsanction stringent, analysis of the loss of right relief way. Finally the proof losing-rightsystem and other system are concluded and analyzed the relationship between the.The fifth part is a conclusion, the author on the basis put forward some suggestions foramendment.