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A Study On The Perfection Of Civil Evidence In China

Posted on:2018-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
GTID:2416330518451614Subject:Procedural Law
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In order to improve the efficiency of lawsuit,shorten the cycle of litigation and protect civil litigants in civil lawsuit legitimate rights and interests enjoyed by the western countries carried out a series of reforms,evidence loss power system is established.Our country had established an evidence lapse system for the sake of enhancing the efficiency of litigation and protecting the civil procedural law that can proceed sequentially..The system of loss of evidence is a right that the parties have not submitted evidence to the court within the time limit given by the court,and there is no extension of the time limit for proof or reassessment of the burden of proof.After that "Supreme People's Court on the evidence of civil proceedings in a number of provisions" had been issued by China in 2001,which is the first time to establish a system of loss of evidence.After the judicial interpretation was carried out,there are many questions were raised from all sectors of the community.The system is being used with caution by many courts,so the use of the system is in trouble.Facing the difficulties in practice,the revised "Civil Procedure Law"from and then to the 2015 "on the application of the" People's Republic of China Civil Procedure Law "interpretation of the system have been perfected,but the system is still some problem.This article mainly discusses from four parts of the system of evidence loss.The first part is the basic theoretical part of the system of evidence loss.This part mainly expounds the concept,development and value pursuit of the system of evidence loss.The system of loss of evidence means that the parties have not submitted evidence to the court within the time limit given by the court,and there is no extension of the time limit for proof or reassessment of the burden of proof.The system of loss of evidence has gone through three stages of development.The first stage is the period of statutory order,in which the parties are required to make claims or evidence at specific times,otherwise they will not be effective inlitigation.The second stage is free orderism,which refers to the litigation,the presentation of evidence without the law to be limited,can be made at any time.The third stage is a timely proposition period,which requires the parties to the specific stage of the trial before the attack or defense methods,which can be sorted out as soon as possible the focus of the case controversy,otherwise the court will dismiss its overdue attack defense approach.The value pursuit of the loss of evidence is mainly that it can improve the efficiency of litigation,reflects the principle of honesty and credit to the parties,is conducive to the realization of the principle of legal truth,and perfect the civil litigation system.The second part introduces the system of loss of extraterritorial evidence.This part introduces the provisions of the United States,Germany,France and Japan for the system,and the above countries on the system of research are more in-depth,so by comparison,I hope to find more advanced experience and results abroad,Combined with China 's national conditions,put forward the consummation of China' s evidence loss system.The third part is the development and evaluation of the system of the loss of evidence in our country.It introduces how the establishment and development of the system of the loss of evidence in our country,how to change in the legislation,and the related cases,the author's research situation,Legislation and judicial practice at the two levels of a comprehensive analysis and research to find the problems in our legislation and the judge in the practice of the system to soften the reasons for the system to provide a basis for improving.The fourth part is the perfect concrete measures,First of all,should enhance the litigation capacity of the parties,the good operation of the system not only need the system itself to support a reasonable institutional framework also need a good institutional environment to protect,which requires people to understand the relevant legal system and create a good atmosphere of the rule of law.Second,we must improve the relevant supporting system,the first to establish a mandatory defense system,through the majority of foreign countries to establish a loss of evidence corresponding to the country will establish a compromise system,which can prevent the parties deliberately delay litigation,evidence raid,protect the parties The status of both sides is equal.The second to refine the judge system,because of the fact that there is no lawyer's compulsory agency system in our country,the level of knowledge and legal consciousness of the parties is very different.This requires the judge to guide the litigation activities of the parties so that the parties can understand the relationship between the overdue evidence and the loss of the sanctions,thus urging the parties to submit the evidence on time.Third to set a reasonable proof of the deadline.There are obvious loopholes and shortcomings in the practice of evidence loss of power system.The crux of the problem lies in the setting of the time limit of proof.Although the law stipulates two ways,one is the period stipulated by the court,one is the consultation and the court Recognition,but the second does not have real value,so in order to make the system run more reasonable need to set the proof period.Fourth,the need to clear the "new" evidence of the standard,if the parties to the new evidence without restrictions and constraints of the loss of evidence system,evidence exchange system will lose its original meaning,but if it is overdue Of the evidence on the consequences of the loss of the consequences of too harsh,and thus we need to clear the "new" evidence of the standard.
Keywords/Search Tags:evidence loss power, new evidence, adducing evidence evidence certain right plea loses power
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