Research On The Proof Losing Right System Of Civil

In order to achieve the stability and efficiency of civil procedure, theunity of protecting civil litigants in civil litigation activities in the processof legal interests, evidence loss power system plays an important role.Civil litigants would normally within the time limit of proof, but there arealso part of the parties would be beyond the time limit of proof beforeexercise of rights. Along with the social activities of the increasinglyfrequent and complex, civil disputes more and more, the current ourcountry citizens’ legal consciousness is not strong, there are a number ofcivil litigants in civil activities for the time limit of proof not clear notunderstand, not consciously perform, also does not take the initiative. Forthis kind of situation, on the one hand to the legitimate interests of theparties can be achieved, weak consciousness of security rights of thelegitimate rights of the parties; On the other hand, to prevent caused bythe overdue proof procedure over and over again. It is based on the abovereason, our country gradually established evidence loss power system.Evidence loss power system has been controversial since its state, thelaws and regulations of the relevant evidence loss power system has beengradually developed and perfected. China’s supreme people’s court in2002promulgated the provisions about the civil action evidenceestablished the evidence in the judicial interpretation right system. Wasformally implemented in2013of the civil procedure law and theevidence loss power system is made further modifications. Unfortunately,the new changes of the civil procedure law is only a rough on the law tomake a provision of evidence loss power system, many rules of thesystem is still not enough clear and specific.This article is divided into four parts, the first part is the summary ofcivil action evidence loss power system. This part begins with the conceptof civil litigation evidence loss power level this paper expounds the basictheory of the basic content of the system and the value of existence. Extraterritorial evidence loss power system of the second part is theanalysis and reference, by major countries of continental legal system ofAnglo-American law system of evidence loss power system carries on theanalysis comparison to find out suitable for a correct road of our country.The third part is the present condition analysis of our country. From ourcountry’s legislation and practice, and find the existing problems anddefects in theory. The fourth part is the improvement of the system ofconcrete. Through to the defects of evidence loss power system in ourcountry, the improvement of the targeted measures are put forward.