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The Research On The Time Limit System For Adducing Evidence Ander The Vision Of Case-hearing Levels

Posted on:2016-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:D H LiFull Text:PDF
GTID:2296330461958788Subject:Procedural Law
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In 2012,Article 65 of the Civil Procedural Law is scheduled in the first chapter and in the general regulations, the new time limit system for adducing evidence can span case-hearing levels while applying to the first and the appeal procedure similarly. Time limit system for adducing evidence under the vision of case-hearing level emphasizes that while the parties failed to submit evidence in the first trial proceedings, the appeal trial court will how to deal with the problem. The article discusses the question from the level of legislation articles and theoretical analysis, combined with related cases in judicial practice and analyses how to maximize the strengths while minimize the weaknesses under the framework of the doctrine of concentrated trial and evidence timely providing system.The first chapter is an overview of the system, pointing out that Time limit system for adducing evidence under the vision of case-hearing level.If the parties fail to submit evidence until the appeal trial procedures without justifiable reasons, this will lead to the sanctions of losing rights. The paper discusses the system along the historic development, the applicable elements of system and exceptional circumstances.The second chapter talks about the basis of legitimacy of the system, putting forward that the system reflects the performance of the honest credit principle in civil procedure law and the obligation of promoting litigation under the framework of the doctrine of concentrated trial and the timely providing doctrine. Especially under the mode of continued trial system in our country, it is helpful to enriching and strengthening the function of trial of facts, thus raising the center status of procedure of first instance and lightening the burden of the trial court of second instance.The third chapter is related to extraterritorial investigation and analyses. Firstly, the writer introduces the related systems in the United States, Germany, Japan, and Taiwan district of China. The similar system of America treats the evidences beyond the time limits most severely because of its legal trial system. The system in Germany adopts a more stringent attitude than that of Japan, while similarly, system in Japan is more strict than Taiwan district. After the comparative analyses, I found that different modes of appeal trial set the basic tone for the stringency of the right loss sanctions and the perfection of the pre-trial proceedings have taken an important prerequisite for the application.The fourth chapter returns to explore the time limit system for adducing evidence under the vision of case-hearing level in the local system of our country. The article discusses the problems in the current legislative norms and judicial practice from the perspective of the system itself, the surrounding systems, the practical operation and so on. Considering the time limit system for adducing evidence under the vision of case-hearing level occurs in the appeal trial, associated with common case-hearing level system, it shall adopt the different program designs.On the basis of the previous discussion, the fifth chapter proposes the relationship between the new time limit system of adducing evidence and related regulations and puts forward that different approaches for the overdue proof sanctions should be taken in different case-hearing levels. At the same time, the paper argues that to improve the system,we should take approaches to strengthen the parties’ ability of evidence collection, plenitude the pre-trial preparation procedure and intensify the judiciary clarification during the civil proceedings.
Keywords/Search Tags:case-hearing level system, loss of the right of adducing evidence, continued trial system, pre-trial preparation, evidence collection
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