Study On The Legal Problems Of The Second Instance Of The "New Evidence"

Now in the process of judicial practice, we can often see the party put forward the "new evidence". "New evidence" stipulated in the civil litigation evidence system, this concept has experienced a long development process, it appears to protect the legitimate rights and interests of the parties has extremely important significance. Due to the presence of evidence and objective facts are not necessarily is synchronous, and the laws and regulations of our country demands evidence within the prescribed period of time, in the face of such a contradiction between the "new evidence" system can be said to be the exception of the proof limitation system, a very good supplementary role to identify the original objective fact to. It is also can effectively adjust the contradiction between the pursuit of the efficiency of litigation and court of justice. But our country about the "new evidence" of the laws and regulations are not perfect still blank. The general framework of this article is through the analysis of a case in which the focus of controversy and the second instance of the "new evidence" as the breakthrough point of the identified problems, analysis of current on the "new evidence" the legislation present situation and the existence problems. Then the author puts forward his opinions and some relevant measures to improve the "new evidence".According to the real case of starting, in which the parties are the focus of controversy is the view compiled both questions about disability appraisal opinion could be used as the second "new evidence" using the methods of comparative analysis. Then the question as the breakthrough point, has analyzed our country current on the "new evidence" related legislation, and to comment on these regulations, find out the deficiencies and problems which. Especially focuses on the analysis of the identified problems related to the "new evidence" in the second procedure of second instance, immediately with the parties concerned in the cognizance of disability appraisal opinion case analysis. Finally, in view of the above issues on their own views, and how to improve the "new evidence" of the system put forward their own proposals.This article by the progressive way combined with the legal provisions of the law of evidence related to the comprehensive analysis, to explore how the "new evidence" that. The blank part of the legal aspects of the analysis attempts to make evidence laws and regulations more perfect, so that the legitimate rights and interests of the parties to obtain the practical safeguard. Hope to be able to identified problems related to "new evidence" in judicial practice in the future to provide certain reference function.