Research On The Developing System Of Civil Evidence Disqualification

The thesis mainly does a deep research on the developing system of civilevidence disqualification. The system of civil evidence disqualification has beenencountered two revolutions so far. The first one is regarding the establishment of thissystem. The Supreme People’s Court issued “Provisions on Evidence in CivilProceedings”(hereinafter referred to as “Provisions on Evidence”) in2001whichregulates that the party of lawsuit shall submit the evidence in the limited period;Another revolution is mollification of this system. National People’s Congressapproved the Amendment of Civil Procedure Law (hereinafter referred to as“Amendment”) which modified the system of civil evidence disqualification. It is nownot as strict as before.This thesis is drafted to find the nature of circle which the system of evidencedisqualification lost in. The circle can be described as “legislation in advance—violation—implement improperly”. The thesis starts from the basic theories of thesystem of the civil evidence disqualification, mainly analyses the judicial and socialbackground of these two revolutions. The essay holds the opinion that themollification of the aforementioned system has the trend that taking much judicialeffects into consideration. Meanwhile, the mollification of the aforementioned systemmay bring negative effects on the development of the system. Actually, the strictsystem of evidence qualification is the status which the system shall be. At the end of the essay, it draw a conclusion that the proper way to develop the system of evidencedisqualification is to improve its’ supporting systems.This thesis uses the method of comparison, enumeration and data analysis toexpress the opinions.