Research On The System Of Evidence Invalidity In Civil Procedure

As an important part of China’s civil procedure system,the system of losing the right of evidence plays an important role in promoting the parties to timely provide evidence within the time limit for adducing evidence and maintaining procedural justice.However,because our country has been pursuing the doctrine of presenting evidence at any time for a long time,it is very easy to lead to litigation raids,litigation delays and other problems,causing serious problems to our judicial practice.With the in-depth transformation of our society and the continuous advancement of the society ruled by law,the system of loss of right of evidence in our country has also realized the transformation from "the doctrine of presenting evidence at any time" to "the doctrine of presenting evidence at the right time".From Article 34 of the provisions of the Supreme People’s Court on evidence in Civil Procedure promulgated by the Supreme People’s court in 2001,to Article 65 of the amended civil procedure law in 2012,which established the evidence loss system in the form of the basic law for the first time,to articles 101 and 102 of the interpretation of the civil procedure law in 2015,which applied the evidence loss system at discretion,Our country has been trying to ease the too strict system of loss of right of evidence and promote the application of loss of right of evidence through legislation and judicial interpretation.However,the more detailed the system is,the less space for the system of loss of right of evidence to play,which lead s to the fact that the system of loss of right of evidence exists in name only.Through the systematic sorting of 511 judicial documents and typical judicial cases on the China judicial documents network,this paper makes an empirical investigation on the current situation of the judicial operation of the evidence loss system in China from three aspects: the objective elements,the subjective elements and the negative elements.It is found that the value orientation of the system of loss of right of evidence in China is not accurate enough.In legislation,there are problems such as unreasonable constitutive elements,inconsistent application standards,compressed application scope,unreasonable cost of late proof and sanctions.In addition,there are also practical problems such as the lack of judgment standards for "new evidence",the lack of understanding of loss of right of evidence by judges,the lack of reasoning in interpretation of judicial documents,and the lack of relevant supporting systems in judicature,It hinders the advancement and implementation of the system of losing the right of evidence in practice.On the basis of combing the historical development context and development experience of the loss of right of evidence in civil procedure in China,it is not difficult to find that to improve the system of loss of right of evidence in China,we must clarify the value orientation of loss of right of evidence,adjust the constituent elements of loss of right of evidence in legislation,unify the applicable standards of loss of right of evidence,expand the applicable space of loss of right of evidence,increase the punishment of loss of right of evidence,and constantly clarify the review standards of "new evidence" in judicature Strengthen the application of the rule of losing the right of evidence and improve the auxiliary system of losing the right of evidence,so as to ensure the good implementation of the system of losing the r ight of civil evidence in China.