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Analysis On The Proof Losing-Right System In Civil Procedure

Posted on:2014-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z F DengFull Text:PDF
GTID:2296330467953061Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The proof losing-right system is a very important system in the civil procedure of our country.Since the proof losing-right system established in Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures in2001,provide evidence by timely to at any time.Decision of the Standing Committee of the National People’s Congress on Amending the Civil Procedure Law of the People’s Republic of China in2012has established the legal status for the proof losing-right system.The proof losing-right system by preventing the surprised evidence to guarantee equal suit position of the litigant,maintain stability of the program, promote the realization of procedural justice,urge the parties to provide proof in time, ulteriorly to avoid delay the procedure schedule and find out fact of the case timely,realize the pursuit of litigation efficiency and substantive justice.But the proof losing-right system is a "two-edged", it makes the parties lost the rights to provide evidence and prove, and defects in itself,that affects to find out the facts of the case to a certain extent,and it caused the adverse consequences to the realization of substantive justice.The result is getting the proof losing-right system into trouble.This paper tries to use historical investigation,comparative analysis method,the combining of theory and practice research method to expound the proof losing-right system from various angles.This article is divided into four parts,about forty thousand words.Part one is The basic theory of the proof losing-right system.From the basic conception of the proof losing-right system, gives a brief exploration about its development of civil procedure in the world history,after introduces the specific content, the author emphatically to seek justness foundation of it, analyze the relationship between value and the value.Part two is extraterritorial the proof losing-right system comparison study.Inspect three developmental stage of the proof losing-right system of major country and region in the word,analyse the common and difference between them, summarize the valuable practice.Part three is Current situation and analysis of the proof losing-right system. Analyze the advantages and disadvantages of the proof losing-right system from its current situation in China, points out difficulties and obstacles of the running in practice,to lay a foundation for perfecting measures.Part four is improve meansures of the proof losing-right system. On the basis of summarizing the above, through put forward specific measures to make up defects of the proof losing-right system in our country and reconstruct the main related security system,to elaborate the improving ways of the proof losing-right system.
Keywords/Search Tags:the proof losing-right, the time limit of evidence, procedural justicem, litigation efficiency, substantive justice
PDF Full Text Request
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