Study On Current Civil Evidence Loss Right System In China

Proof losing right system not only in our country civil procedure reform in the climax stage a landmark achievement has already become a necessary part in the civil litigation system. The system establishment can guarantee between the parties have equal means of attack and defense, reduce delays in the proceedings and to improve litigation efficiency. Development of the system in the civil litigation of our country is not accomplished in one move, but so far has gone through two revolutions.First change is < evidence rules promulgated by the Supreme Court in 2002 > first in the Civil Procedure Law of our country establishes the strict proof losing right system, marking the evidence in the civil litigation of our country puts forward ways by "at any time" into "timely"; the second change is the Supreme People’s court issued 2013 < Civil Procedure Law > first in the form of the basic law in the civil litigation established at the discretion of the proof losing right system, the strict proof losing right system transformation of for discretionary proof losing right system.However, as the reform and development of civil procedure, the civil proof losing right system is the existence of significant progress in the first change of our experience, and second changes from the level of legislation and judicial practice, it is hardly its progress, the current evidence of discretionary loss of rights system not only exists in the legislation the overhead of pre-trial procedures, compression loss of rights applicable space and lack of supporting system defects, and there is evidence of loss of the right rules for the very low rate of problems in judicial practice. In general, many defects in the current circumstances of the proof losing right system, which is the establishment of the system of rule of law in the process of retrogression, evidence of loss of power the system runs on paper, the proof losing right system in name only.In view of the above problems, on the basis of the civil proof losing right system to grasp the basic theory, evidence of loss of the right system from the current status of our country’s legislation and law practice status of two aspects of their investigation, summarizes the defects of the existing, and on the basis of investigation of extraterritorial countries legal provisions for the system and research results, to explore the way to solve the problems of China’s current evidence of loss of rights system becomes rich and important value. In view of the two aspects of theory and practice as well as the domestic and foreign two levels of analysis and grasp the discretion of the proof losing right system is not suitable for our country’s legislation and judicial practice. The social effect of justice is the pursuit of long-term development in fact is not conducive to the civil proof losing right system. The strict proof losing right system is to solve the current proof losing right system Select. Strict proof losing right system establishment perfect operation difficulties and need to be legislative design in terms of specific rules, also in the design time reasonably determine the critical point of time limit for adducing evidence, and to strengthen the judge’s interpretation right to exercise, and to overdue hard evidence of loss of the right to be exceptions to the "new evidence" in the operation, to the maximum extent improve the rules of.At the same time, the improvement of relevant measures to ensure the implementation of the system of strict proof of loss of rights and the construction of the system of evidence is also very important.