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Study On The System Of Time Limit On Adducing Evidence In Civil Procedure Law

Posted on:2017-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y L GuoFull Text:PDF
GTID:2296330509457936Subject:Law
Abstract/Summary:PDF Full Text Request
The proof limitation system, it refers to the provision that requires the paties to provide evidence within a specified time. Current rules are consists of two provisions: one is the Civil Procedure Law(2012 Amendment), another is the Supreme Court on the judicial interpretation of the Civil Procedure Law(2015 Amendment). Existing legislation with more detailed and realistic provisions to practice.But it till many defects in legislation and many issues in judicial practice, lead to the value of the proof limitation system is compromised. In this paper, author viewed from the perspective of the basic theory of proof limitation, in combination with the experiences of judicial practice, analyses the existing problems, and put forward proposals for legislation. In addition to the structure and preface, thesis consists of three chapters, the overall content of each section is as follows:The first part is research on the basic theory of the proof limitation system, including the basic principles, legislative evolution, the system values etc. The second part is to discover defects and judicial practice issues in proof limitation.The third part of the proposed measures to improve the proof limitation system, put forward a sound to other supporting measures...
Keywords/Search Tags:The time limit to provide evidence, The minimum time standard, Evidence acceptance criteria, The period of agreement
PDF Full Text Request
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