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Judges’ Discretion In Time Limit Of Production Evidence In China

Posted on:2016-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:L J MeiFull Text:PDF
GTID:2296330461459031Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Time Limit of production evidence in Civil Judges’ Discretion is a judge on the freedom to choose the consequences of late proof. This article bases on the article sixty-five of the civil procedure law and the new judicial interpretation of the Supreme Court to proceed,bases on the current situation, analyses the problem in discretion of the judge in time limit of production evidence and learn from the relevant systems of other countries in the perspective of comparative law research to lose the right elements of the evidence as a starting point to discuss how to regulate discretion of the judge in time limit of production evidence.Excluding the introduction and the conclusion, this article is divided into four parts.The first part is problem raising. It analyzes the necessity of regulating discretion of the judge in time limit of production evidence. After a brief definition of the time limit of production evidence and discretion of the judge,based on the analysis gives judges discretion significance limit proof system, and points out that the system of the necessity of discretion standard.The second part is problem analyzing.It includes the second and third parts of the text, which analyzes the status of China’s and other countries the time limit proof system of judicial discretion. First analyze the status of China’s legislative and judicial situation, and pointed out the existence of judicial practice and in legislation issues; the second is related to the extraterritorial provisions are introduced in other countries, and pointed out that its reference to the system of the set.The third part is problem solving, Namely the institutional aspects to imagine how to regulate the perfect time proof system judges discretion.Institutional development in three main areas to promote: First, to further improve the system itself limit the burden of proof; second is to improve the appropriate supporting systems; third time system monitoring of evidence the judge discretion.
Keywords/Search Tags:time limit of production evidence, discretion of the judge, civil rights protecting, regulation
PDF Full Text Request
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