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A Study On The System Of Time Limit On Adducing Evidence

Posted on:2018-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q JiangFull Text:PDF
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From the end of last century,China's economic development becomes more and more faster,so as to the main social disputes,the people's court case also is proportional to the amount of natural,rising.From the "no proof and evidence of loss of the right" to "the burden of proof during the legal provisions and the judicial practice,strict proof losing right" again,the new civil procedure law and the judicial interpretation of the essence of evidence at any time,national conditions has its development.As a valuable system of civil litigation,the system of time limit has its important value and function of application,but strictly regulate the invalidity of evidence in judicial practice is not in progress but in the case of smoothly.The conflict between substantive justice and procedural justice difficult choices after of this system in our country's legislation and judicial practice has become a "name" is lost as the core of the proof losing right,should continue to improve the system,or be abandoned,we should think about.This will be through the following four aspects of proof time related system to study.The theoretical basis and the legislative system in our country and the implementation process will be the first to be analyzed.The concept includes the proof limitation system,to explore the existence of the necessity and importance of the theory,the change of legislative system in China the background and related regulations.Then the Anglo American law and civil law typical The burden of the country during the proof losing right system are analyzed and compared.Including the Anglo American system of adducing proof,France four countries to be displayed,and simply discussed.Once again,analyzes the system in the running situation and legislative reasons in China.Now includes the legislation proof limitation system and operation condition,strict proof limitation system in our country will no longer continue to use the background and a series of reasons.Finally,on the loss of the right to improve our system of evidence.Including should choose in China's judicial environment model and concrete in the perfection of legislation and supporting system.The proof limitation system as an important system,but appeared in our country.But our climate does not suit this situation,should not abandon him,but should choose the system of time limit mode suitable for our country,put forward on the basis of our proof limitation system recommendations.
Keywords/Search Tags:the Time Limit of Civil Proof, the Loss of Evidence, Procedural Justice
PDF Full Text Request
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