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Research On Legal Regulation Of Parties' Overdue Proof In Civil Litigation

Posted on:2019-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XieFull Text:PDF
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The evidence submitted system has evolved several times in our country's civil litigation,from the "Put forward at any time" to the "Timely put forward".In 2002,evidence regulations have been issued in China,and it imposes a strict system of evidence loss.However,the evidence regulations have much obstruction in judicial practice.The Civil Procedure Law revised in 2012 changed this strict system of evidence-lost power and expanded the discretion of judges.But the phenomenon of parties'overdue evidence still occurs frequently in judicial practice.In order to preventing and reducing the phenomenon of overdue evidence,the author researches on it and puts forward suggestions for improvement.This paper is divided into four parts.In the first part,the author extracts some cases randomly in a municipal grass-roots court and sorts out some cases which are overdue evidence in the courts of China to investigate the current situation of overdue evidence preliminarily and analyze its features.The author summarizes features such as high proportion,less and different punishment,and high adoption.In the second part,according to the current situation of overdue proofs and features,the author analyzes the reasons by combining our country's legal regulations and judicial practice.The author thinks that there are some reasons including that the range of evidence of loss power is small.The punishment is les's in legal regulations of China.Pretrial procedure is not well in judicial practice.And Judges'interpretation is ineffective.In the third part,the author researches regulations about overdue evidence on inside and outside the domain.It establishes pretrial preparation procedures and strict evidence loss-of-power system in the Anglo-American law countries.Compared with the Anglo-American law countries,it establishes a looser evidence loss-of-power system in the Civil law countries or regions,but it still retains the system of evidence loss about intentional or gross negligence and the delay in litigation.Compared with foreign countries,it establishes a looser evidence loss-of-power system in China.Only intentional or gross negligence and the overdue evidence have nothing to do with the basic facts of the case which can be identified as evidence of loss of power.And the pretrial preparation procedure in the Anglo-American law countries is more better than our country.In the fourth part,the author puts forward suggestions for improvement about overdue evidence in China.First,a system about evidence of loss to confirm sharp-tongued overdue evidence as lossing power should be established.When the party has malicious overdue evidence,they are loss of power regardless of whether evidences are related to the basic facts of the case.Second,attorney fees can apply for compensation and it can urge parties to submit evidence timely.Third,the procedure of evidence exchange procedure should be improved.The parties can exchange evidence online.And the organizer can be flexible to exchange evidence.Fourth,Judges fulfill their interpretation obligation in pretrial preparation procedure.And it can instruct the parties to submit evidence to the court timely.
Keywords/Search Tags:overdue evidence, evidence of loss, evidence exchange, interpretation obligation
PDF Full Text Request
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