Font Size: a A A

A Study On The Time Limit System Of Producing Evidence In The Civil Procedure

Posted on:2017-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
GTID:2296330488982829Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In August 2012, the eleventh meeting of the Standing Committee of the twenty-eighth National People’s Congress adopted the decision on Amending the Civil Procedure Law of the People’s Republic of China. One of the highlights of this modification is to increase the provisions on the time limit for parties producing evidence. Specifically, the provisions of Article 65 of the new "Civil Procedure Law" limited that Parties should provide timely evidence for their claims. Once they delivered overdue, they shall be ordered to explain the reasons. If they refused to explain the reason or reasons were not established, the court according to the different circumstances can deny the evidence or accepted the evidence but shall be admonished or fine. Through this provision, the proof deadline system has been increased to the legal level, rather than just reflected in the judicial interpretation. But in practice, due to the lack of detailed provisions and supporting system, all the local courts apply different standards on the time limit system of adducing evidence. There are a variety of problems.By drawing on foreign experience and analysis of the problems existing in the practice of our country, this paper aims at putting forward some suggestions to improve the time limit for adducing evidence system in our country on the basis of the meaning and value of it. Specifically, this paper is divided into four parts. The first part is research on the concept of time limit of proof and value. The first step to define the meaning of the time limit for adducing evidence on the basis of the development of the system of adducing evidence in China,which will be divided into four stages. Which illustrates the significance, it is the study of the value of the time limit for adducing evidence, where the significance of the establishment of the time limit for adducing evidence.The second part is the analysis of overseas experience of the time limit for adducing evidence, combined with the practice of the United States, France, Germany, Japan and China Taiwan. In order to help the construction of the time limit for adducing evidence system in our country, we should learn from them.The third part presents the problems of the implementation of the time limit for adducing evidence in China with the combination it’s current practice. In the third part, combined with the practice of China’s current system of adducing evidence, the time limit for adducing evidence exists in our country in the process of implementation problems. The problems mainly includes judge discretion is too large; the burden of proof during the period is determined is not reasonable; the parties determine the burden of defects; the pretrial procedure is not perfect; the new evidence of the fuzzy definition of five aspects.In the fourth chapter, the author discusses the problems of implementation of the time limit system for adducing evidence in our country and introduces the experience of perfecting this system from abroad, which includes the reason of during reasonable, supporting the improvement of the system etc.In general, this paper aims at constructing a comprehensive time limit system for adducing evidence in China, which includes the objection system;defense losing right system;evidence exchange system;relatively complete civil litigation proof limitation system, thus contributing to the betterment of the civil trial work in our country.
Keywords/Search Tags:Proof limitation, Limitation of evidence, Late proof
PDF Full Text Request
Related items