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Study On The System Of Time Limit On Adducing Evidence

Posted on:2015-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y M ZhangFull Text:PDF
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The Supreme People’s Court promulgated the ’’Regulations on Evidence in CivilProceedings’’, and ’’Notice on Time Limit on Adducing Evidence’’, in the form of judicialinterpretation made clear provisions on the time limit for adducing evidence. The prooflimitation system is arranged in the civil litigation of our country from the evidence at anytime period into the evidence put forward era, has the profound significance to the reformand development of China’s civil litigation system, but due to limitations of judicialphilosophy of judicial interpretation, the relative lag and supporting system is not completeand other reasons, resulting in the proof limitation system has many puzzles in judicialpractice. In2012,the Standing Committee of the National People’s Congress promulgated the’’PRC Civil Procedure Law’’ amendment, for the first time in the form of legislation theprovisions of the proof limitation system. The legislature revised from the determination oftime limit for adducing evidence, proof obligations overdue overdue burden, legalconsequences and other aspects of the proof limitation system, this evidence of the civilevidence of the effectiveness of the far-reaching reforms.The proof limitation system must be in balance of substantive justice and proceduraljustice, objective reality and legal reality after making a rational choice. Based on China’sjudicial practice background, analyze the insufficiency and the flaw of our country presentsevidence the time limit system exists in the legislation, practice, and tries to reason on theformation of the abuse of the system is analyzed, and finally puts forward the reform path ofthe proof limitation system, so as to benefit the reform of our country presents evidence thetime limit system.In addition to the introduction and conclusion, the text consists of three parts, theconcrete structure is as follows:The first part is the defects of the proof limitation system. This part from three aspectsafter analyzing defects of our present evidence the time limit system, three aspects are existsconfusion in theory, system existence question of legislative technique, practice dilemma.The second part is the analysis of defects presents evidence the time limit system of ourcountry. This part is based on the defect analysis of the proof limitation system on theexisting attempts, from the perspective of two reasons the system reason and the time limitfor adducing evidence level litigation environment itself, further explore the reasons theproof limitation system encounters the dilemma in China is what?The third part is the path of reform of the proof limitation system. This chapter firstlyto determine a reasonable time limit for adducing evidence, regulate the exercise of judicialdiscretion mechanism, regulation of the proof limitation system relief program to cut theentrance, from the angle of legislative technology to improve our proof limitation systemitself; then from the evidence exchange system related to the limit system, the burden ofproof interpretation guidance system, document command the system complete and proof.Two miles away, with each other.
Keywords/Search Tags:The time limit of presents evidence, Pretrial preparation procedur, The evidenceexchange, The invalidation of evidence
PDF Full Text Request
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