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Research Of China’s Proof Limitation System In Civil Litigation

Posted on:2015-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2266330428985063Subject:Law
Abstract/Summary:PDF Full Text Request
Proof limitation system from legislative aspects in our country has started from zero, from strictness to leniency, and the discuss on the issue from theorists has never been stopped. This system is quite difficult to practice in the real case. To promote uniformity of the law applicable to the legal provisions of the new Civil Procedure as a starting point, it’s very necessary to study and discuss this issue in combining the legal practice with related legal theory. This thesis altogether is composed of four parts in addition to the introduction and conclusion.The first part talks about the evolution of the system, comparing the legal provision of before and after revising the Code of Civil Procedure. And then give concepts, characteristics and significance. The proof limitation system is that the litigants should provide evidence and documents to the court within a judge indicated time limit for defending their own rights. If can not provide evidence due to objective factors, should provide the clue of evidence within that limited time, otherwise the litigant will loose reception and attestation of the evidence by the court. This time limitation has not only changed the concept of civil action, focus on procedural justice instead of ancient substantive justice but also changed the civil action system, the influence is far beyond the system itself. The summary focuses on the new Civil Procedure Law, article65and the evidence loss right system.The second part is to study and analyze the legislative environment and supporting measures of current Judicial System of China(in mainland) and six countries and regions under The Common Law System(The Anglo-American Legal System), choosing some parts which are suitable for the situation of China, and focus on establishing a force answer system and how to effectively supervise the discretional evaluation of evidence.The third part will analyze the current status quo of Justice, and focus on the "new evidence" to define the basic concepts of the theory and apply punitive measures. And through the interpretation of the psychological impact of civil litigation and litigation behavior of different people who involved in the process of litigation, also on the negative consequences due to the administration of the court limits judicial apparatus and judicial personnel.The fourth part is based on the conclusion, give my own opinions to enrich and improve our civil proof limitation system. The author insists in to establish a more strictly proof limitation system, to improve the pretrial procedure, standardize evidence exchange process, judges give necessary interpretation right, and suggest to reference the "evidence investigation" system.
Keywords/Search Tags:Civil action, The proof limitation system, The proof losing right
PDF Full Text Request
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