Study On The Time Limit Of Civil Proof

Evidence is the backbone of the entire lawsuit,and the limitation of proof is an important part of the evidence system.It plays an indispensable role in civil lawsuits.The establishment of the degree of limitation of proof in our country has undergone a bumpy process.It consists of three stages: from the initial proof of evidence at any time to the transition to the middle of the timely propaganda,and then to the present amendment evidence timely propaganda,this process Explain that the lega l system is constantly improving.This article is organized into four chapters according to the logic of "basic theory-problem-countermeasures." The first chapter of this article aims to lay down the basic theory and elaborates on the degree of limitation of proof and the theoretical content associated with it.Firstly,it elaborates on what constitutes the time limit of proof;further discusses the nature of the degree of limitation of proof;and then discusses the legal basis of the degree of limitation o f proof,and then discusses the necessity of the limitation of proof;and finally explores the value pursuit behind the limitation of proof..The perspective of the second chapter of the article has shifted from domestic to international perspectives.The comparative analysis method has been used to highlight the features and commonalities of the limitations of the civil law system and the Anglo-American legal system.This has led to careful consideration and consideration.Scientifically summed up its significance and enlightenment on the limitation of proof in China.The third chapter is based on the content of the previous two chapters.It closely focuses on China's actual situation to reveal the defects and deficiencies in the limitation of proof in China.This chapter specifically divides the “short board” of the existence of the limitation degree in China into two regions.Blocks,the first block is a "legislative short board",the second block is a "judicial short board." The "legislative short board" includes four subsections: "Reorganization of the entity",lack of relevant supporting systems,lack of overdue remedy procedures for proofs,and lack of protection of parties' right to obtain evidence;"judicial short board" includes judges being incapab le of dealing with "evidence attack".There are three aspects: the judge's discretion to lose power and the party's lack of legal knowledge of the time limit for proof.The fourth chapter is to put forward practical suggestions on the problems existing in the limitation of proof in China,including the legislative proposals and judicial suggestions that improve the limitation of proof in China.The former mainly includes the four aspects of improving the content of legislation,establishing and improving re lated supporting systems,creatively setting up overdue remedy procedures for evidentiary consequences,and enhancing the ability of the parties to submit evidence.The latter mainly proposes from three aspects."Remedy is a good way",Ryoichi first applies the system of evidence-losing power according to law,Remedy two is to effectively regulate judges' discretionary power,and Recipe III reinforces the party's legal knowledge of the time limit of proof.Through the detailed exposition of this article,the author believes that the limit of proof in our country will be extracted from the essence to a beneficial one,so that it will continue to develop,improve,and go further along the road of the rule of law.