Reconsideration Of Current Limitation Of Attestation In China

Evidence is the basis for determining the facts of the case and is the core of the civil lawsuit.The parties' timely submission of evidence to the people's court is conducive to the quick completion of the dispute points and the timely decision.To a certain extent,it is also conducive to safeguarding the legitimate rights and interests of the parties.The 65 th article of China's newly amended “Civil Procedure Law” in 2012 and the “Judiciary Interpretation” in 2015 have clearly stipulated the time limit for the establishment of evidence and the legal consequences that the parties should bear for overdue proof.It should be said that this is a major advancement in legislation.However,the deficiencies of this provision are also obvious.These include the reorganization of the powers for determining the time limit for proof,the loosening of evidence and the enforcement of compulsory measures,etc.The results of its revision appear to have deviated from the initial purpose of the limitation of proof,more like In order to ease the ambiguity of institutional disputes,this article mainly studies the operational issues of the degree of limitation of proof under the current provisions.The overall structure of the writing is adopted,which is highly generalized.The first part is the introduction;the second part defines the value pursuit of the system.It provides theoretical support for follow-up discussions.The third part,from the perspective of historical changes,illustrates the background of the limitation of proof,the model evolution and operational evaluation of the limits of proof in China,and the fourth part starts from the perspective of the limitations of the evidence.There are provisions to sort out,and then raise questions;the fifth part mainly analyzes China's implementation of the underlying causes blocked,and make recommendations for improvement.