On Legal Consequences Of Civil Litigants Overdue Proof

Time limit system of evidence is an important part of our country’s civil litigation system, perfecting and implementing time limit system of evidence is not only maintained the procedural justice and improve judicial efficiency, more important is to improve our citizens for law of value and belief in socialism rule of law. In August 2012, the legislature revised civil procedure law in our country, January 1,2013 new civil procedure law. As prescribed in article sixty-five of the new increase in the civil procedure law of the time limit system of evidence, it marks the time limit system of evidence from judicial interpretation for the formal law, perfecting the burden of proof in civil lawsuit system in our country, promote the process of our rule of law. But the new civil procedure law only in the general provisions of article sixty-five:"overdue provide evidence by the parties, the people’s court shall order them to explain the reasons, refused to explain the reasons or the reason not to set up, the people’s court according to the different situation can not be accepted the evidence, or adopt the evidence but reprimand him, fine", the general regulations, lack of operability. So how to translate text method to the actual method, the time limit system of evidence into practice, and the parties can accept such legal consequences, this would require the theory and practice to research and practice.Accordingly, in this paper, in the form of the legal consequences of exceed the time limit of proof, combined with the actual case, by using the method of case analysis of exceed the time limit of the legal consequences of the balance of the relationship between different dialectical analysis, finally combining with the judicial practice requirements put forward their views and Suggestions. This paper is divided into four parts:The first part is the civil litigants overdue proof and legal consequences of such case introduction, the author has chosen six typical cases, and divided into evidence loss power, punishment party human, not punishment, such as three categories, more conducive to specific research and analysis on typing. Provided material for the following argument, which is beneficial to strengthen the effect of the argument.The second part is the civil litigants overdue proof bear the legal consequences for the necessity of the analysis. This part from has carried out demonstration from four aspects:first, from the self liability and litigation obligations by the parties of civil litigants overdue balance aspects analyzes necessity bear the legal consequences of proof; Secondly, from the demand of the entity justice and procedure justice of civil litigants overdue balance aspects analyzes necessity bear the legal consequences of proof; Once again, from the aspects of the parties and the balance of the functions and powers doctrine of civil litigants will bear the legal consequences of the necessity of proof analysis; Finally, from the real case and the judicial fair balance of civil litigants will bear the legal consequences of the necessity of proof analysisThe third part of the legal consequences for the parties in civil litigation shall exceed the time limit of proof system of the present situation and existing problems. This part firstly stated the our country civil litigants late evolution and status quo of the legal consequences of proof. Secondly points out our country civil litigants overdue problems existing in the legal consequences of proof system, mainly includes:the provisions of the judicial interpretation inconsistent with civilian method; Judicial interpretation are missing; Did not play the role of evidence loss power; Such problems as insufficient penalties for overdue proof.The fourth part is to perfect our civil litigants overdue legal consequences of proof system suggestion. Combining with the above questions of this part, the author on how to perfect our country civil action legal consequences overdue proof system puts forward four Suggestions: correct the provisions of the judicial interpretation does not accord with the people v. method; Part of the supplement the lack of judicial interpretation; Change the use of evidence loss power legal consequences; More efforts to exceed the time limit of punishment.To sum up, this article through to the actual case is introduced, combined with the case of our country civil litigants will bear the legal consequences of the necessity of proof analysis, and the present situation of the current system in our country, put forward Suggestions to improve it. Hope this article for the overdue proof legal consequences of civil action system’s development and progress.