Research On Rationalization Of "New Evidence" System In Civil Procedure Retrial

In modern civil lawsuit,under the doctrine of timely presentation,the evidence as one of the contents of attack defense method should be presented in time,and the existence of the concept of "new evidence" should be limited.As a special relief mechanism to deal with the correctness of res judicata,the retrial procedure in civil litigation should be more cautious and cautious in dealing with " new evidence" as the cause of the proposal.Compared with othercountries and regions of the continental law system,there are still some deficiencies in the rationalization of the "new evidence" related system in China,which is worth studying and discussing.Based on the requirements of timeliness and basic legal principles of civil retrial,,"new evidence" should be restricted to documentary evidence,and the the facts it proves should exist efore the end of the debate on the wording of the original trial procedure,the related retrial period and retrial subject also need to be strictly limitedin order to ensure the rationality of the operation of the civil retrial procedure.