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Regulations On The Judges’ Discretion In Time Limit Of Production Evidence In China

Posted on:2015-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2296330467965297Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The article sixty-five of the new revised civil procedure law in the form of law formallystipulated time limit of production evidence in civil, exceed the time limit of productionevidence on the parties is to set a variety of legal consequences, but the people’s court for theparties within the time limit of production evidence should be how to grasp the "differentsituations", how to discretion not that clear. Excessive judge discretion is not conducive toprotect the litigation rights of parties. Therefore, this article embarks from the protect therights of the parties, from the angle of the judge discretion reading time limit productionevidence, the applicable conditions for evidence disqualification angle, discusses theregulations on the judge’s discretion. Full text in addition to the preface and epilogue, isdivided into three parts.The first part is problem raising. The necessity of regulations on the judges’ discretion intime limit of production evidence Firstly the paper will make a brief introduce to the judgediscretion and time limit of production evidence, then put forward a conclusion that in thetime limit of production evidence regulation of the judge discretion, is not only the inherent oftime limit of production evidence, and the judge discretion scope expands. In the time limit ofproduction evidence regulation of discretion of judge, purpose is to protect the rights of theparties to litigation. The focus is on the judge to grasp the evidence disqualify.The second part is, problem analyzing. The status quo of the system in China andrelevant stipulations in extra countries and regions.. This part, first of all, this article is mainlyfrom two aspects of law and the judicial practice in China analyzes the present situation of thetime limit of production evidence in our country. Second is outside investigate, understand thedifferent system‘s rules of the various countries and various areas, and to search for theessence behind the system differences, as well as the judge’s discretion in the late of theconcrete regulation. The final summary set the direction of the system in China.The third part is problem solving. The author suggests regulate the judges’ discretionfrom the perspective of value orientation and system construction. On the value orientation,will be combined in various countries and various areas of the system analysis and China’snational conditions to guide the judge discretion regulation of in the time limit of proof in ourcountry on the value orientation. On system construction, combined our country the system value orientation and the practice of the system in our country, from three aspects ofpre-production, evidence-producing, and post-production, to perfect the judge discretionregulation from prevention, control and relief respectively.
Keywords/Search Tags:time limit of production evidence, discretion of the judge, rightsprotecting, judgment reasoning, review of evidence disqualification
PDF Full Text Request
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