Study On The Application Of The System Of Time Limit On Adducing Evidence Under The New Civil Procedure Law

The new revised Civil Procedure Law carried out in January1,2013. The Article65established the principle of adducing evidence in proper time, so that the system of time limit on adducing evidence is set up formally in our country. But under the new Civil Procedure Law, the improvement of the system of time limit on adducing evidence is full of challenges. The Article65is too simple and lack of operability. To implement the system of time limit on adducing evidence, we still have to rely on the existing judicial interpretations and judicial experience. It can be predicted that the operation of the system in our country is still struggling in the future. For this reason, combining with the preliminary enforcement of Article65in practice, this paper focused on the time limit on adducing evidence and the consequences of exceeding the time limit, and analyzes the system of time limit on adducing evidence under the new Civil Procedure Law, intends to put forward some suggestions on the further perfection of it.In addition to the preface and conclusion, this paper is divided into four chapters:The first chapter discusses the fundamental issues of the system of time limit on adducing evidence, including the concept of the system of time limit on adducing evidence, value and its historical evolution in our country. This chapter analyzes the existing disadvantages of the old concept, then rebuilding a new concept under the new Civil Procedure Law. The following research bases on it.The second chapter analyzes the basic contents of the time limit on adducing evidence, such as the characters of time limit on adducing evidence and the methods to determine the deadline of adducing evidence. The differences between the time limit expiry and the dividing point of exceeding the time limit are discussed in detail followed. Then, this paper analyzes some problems closely related to the time limit on adducing evidence such as the trial time-limit, the evidences investigated and collected by the court, applying for extension of time limit of adducing evidence, the increasing or changing of litigation request, filing a counterclaim and applying for appraisal. The third section focuses on the time limit on adducing evidence in the summary procedure.The third chapter discusses the legal consequences of exceeding the time limit. First, this paper analyzes the form elements of the actions should be punished, and then it suggests that the "new evidence" rules should be abolished. Second, the effects of not providing evidence on time and their starting mechanism are discussed.The fourth chapter is about the objection system of the legal consequences of not providing evidence on time, which from the two aspects of the necessity of establish it and the scope and procedure of the objection system.