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Research Of China’s Proof Limitation System Incivil Litigation

Posted on:2016-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z M WangFull Text:PDF
GTID:2296330461480967Subject:Procedural Law
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Proof limitation system was regulated in the sixty-fifth article of "Civil Procedure Law" which was passed through in August 31,2012. marking the determination of the proof limitation system in the form of legislation for the first time. This provision eased the strict and single overdue evidence lose power of the "Supreme Court of several provisions of the civil evidence" (call "rules of evidence" for short), and provided a relatively loose and selective overdue proof consequences, marking the transfer to liberal doctrine timely evidence from a strict doctrine timely evidence. In December 18,2014, proof limitation system has passed at the 1636th meeting of the Judicial Committee of the Supreme People’s Court. Supreme People’s Court on the application of "People’s Republic of China Civil Procedure Law explanation" (call "interpretation" for short) took effect on February 4,2015, and there were also some contents excluded in proof limitation systems from section 98 to section 104. However, since proof limitation system itself is an "exotic thing", so in the actual operation lacks the factors ideological and cultural background, the operating environment, the improvement of related provisions and other factors, which hindered the respected results of implementation. This thesis analyzes not only the evidence on the different proof limits prescribed in "Civil Procedure Law" and "interpretation", drawing on provisions related to civil litigation proof limitation system of other countries but also our country’s legislation and its practical shortcomings. To conclude the thesis also puts forward some suggestions for improvement.This thesis is composed of four parts:The first part is about concept of proof limitation system. Based on the existing studies, this part analyzes controversy about the concept of proof limitation system and summarize the concept of proof limitation system through the combination of article 65 of "Civil Law" and also discusses the nature of the proof limitation system as well as the scope and value of the proof limitation system.The second part is about the comparative law of proof limitation system. In this section, through comparative studies of other country’s proof limitation system, as well as gives an introduction of related systems in Taiwan, China, the writer gives some evaluations and analysis and tries to learn from the experience of others to provides some inspiration to improve our country’s proof limitation system.The third part is about the application of proof limitation system in our country as well as its legislative history. In this section, the writer sums up our current legal system requirements for proof limitation system and analyze its operating results and reasons of these inefficiencies. At the same time, the writer focuses on the analysis of regulations and "new evidence" of the Civil Procedure law and the interpretation in the Proof limitation system our China. then sums up the focus of controversy in the theory and practice and analyzes the operation of proof limitation system.The last part is about some suggestions on the improvement of the proof limitation system. In this section,according to the problems discussed above and other countries successful experiences, the writer proposes measures, such as improving pretrial procedure, requires a judge interpretation right, perfect the means of party surveys evidence to improve the Proof limitation system of our country.
Keywords/Search Tags:Proof limitation system, The loss of evidence, New evidence
PDF Full Text Request
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