Study On The System Of Proof Limitation In Civil Proceedings

In 2013,the newly revised Civil Procedure Law of the People's Republic of China(hereinafter referred to as the "Civil Procedure Law")stipulates the time limit for the proof,which marks the first form of legislation in the form of legislation in China.Sixty-fifth The core content of the time limit system is to grasp the overdue evidence and lose the right of evidence,because it is related to whether the time limit for proof can be well operated in civil litigation.In a sense,since "the new law eased in 2002 the Supreme People's Court on evidence in civil litigation provisions"(hereinafter rferred to as the "ules of evidence")established strict and single evidence disqualification rule,which provides a relatively loose and selective consequences of overdue proof,marking the transition from the strict evidence of loss the right to loose proof losing right".In 2015 "Supreme People's Court on the application of the" PRC Civil Procedure Law "interpretation" hereinafter referred to as the "Civil Procedure Law"interpretation ")in civil law" on the basis of the proof limitation system aspects are discussed in detail.However,due to the fact that the time limit for proof is itself a "foreign object",in the actual operation of China,there is a lack of relevant factors,such as ideological and cultural background,operation environment,people's foundation and related supporting regulations,which fail to achieve the expected effect.But it is certain that the implementation of the system of time limit in line with China's national conditions,but also to adapt to the international development trend,so we have to do is thinking how to grasp the time limit under the invalidity of evidence and proof overdue,so as to promote the perfection of civil evidence system in china.Taking overdue evidence and loss of evidence as an example,combined with the actual cases,this paper makes a dialectical analysis of the different relationships involved in the time limit for proof giving,and give their own opinions and advice infer to the needs of judicial practice.This article is arranged as follows:the first part is a summary of the time limit system for proof giving,through clarifying the theoretical basis of definition,characteristics and litigation value,and clarifying the related concepts and contents.And then starting from the two stages of the development of China's system of time limit,the introduction of legal evidence of loss of the right case and discretion of evidence of loss of the right case,comparative study and analysis,and provide material for the following argument,is conducive to strengthening the demonstration effect.The second part makes a dialectical analysis of the overdue proof and the loss of the evidence.This part is demonstrated from three aspects:the conflict between substantive justice and procedural justice,the competition between adversary system and authority doctrine,the balance between judicial justice and litigation efficiency.Through analysis and argumentation,it points out the key points that we should pay attention to when we apply the time limit for proof.The third part,combined with the extraterritorial investigation of the legislative experience of the time limit for proof,takes the Anglo American law system and the continental law system as the direction,and gives a comparative analysis,so as to draw lessons from us.The fourth part is the existing problems in the application of the time limit system for the proof of proof in China.This part mainly points out its shortcomings from the aspects of value orientation,judge's discretion,relevant supporting system and the application of the rule of loss of evidence in order to lay a foundation for further improvement.In the last part,some suggestions on how to improve the time limit for the proof of proof in China are put forward in combination with the problems mentioned in the previous article.