The Judge Discretion In The Time Limit System Of Evidence

Evidence system is the core of the civil litigation system, and the time limit system of evidence is the guarantee of the evidence system. Both of the new Civilian Law and the Civilian Law Explanation explain the role that the judge discretion plays in the time limit system of evidence. Up till now, however, there is no further implementing rules or academic point of view.Combining theory with the actual trial experience, this paper discusses the connotation of the time limit system of evidence and the gradual establishment of the judge discretion through document research. The relevant provisions of the Civilian Law Explanation further standardize the judge discretion in the judicial practice in the time limit system of evidence. And the over-due proof adoption and censorship system established formally. According to this system, evidence does not lose power and evidence loss power within the time limit for exception.Judge discretion, on the other hand, is the basic attribute and professional requirement. The proper exercise of the judge discretion is very significant for solving disputes fairly and promoting the realization of social justice. The author, using the method of case analysis and description, clears about the applicable rules of the discretion in the time limit system of evidence, analyzes the problems that appeared in the judicial practice and their roots, points out some standards and reasonable suggestions in the exercise of discretion. That will be good for the unitization of the discretionary scale and embodies the innovation of this paper.