司法实践中现行举证期限制度缺陷分析(国外英文资料).doc

司法实践中现行举证期限制度缺陷分析(国外英文资料) Analysis of the limitation of present proof period system in judicial practice Authors: Xiao Jia, Zhou Zhijian, release time: 2010-09-10 10:28:57 The time limit for adducing evidence refers to the burden of the parties should be specified in the law or court term of the corresponding evidence to prove its claim, does not provide a civil lawsuit system during the legal consequences of invalidity of evidence of overdue. The system of proof time limit can be traced back to the failure of evidence system in liberal order and statutory ordering in Western history. Although the doctrine of statutory order to prevent litigation delay, urge the parties to actively proof effect, but because of the harsh effects of loss of the right, the parties in order to avoid the loss of the right effect, is bound to make unnecessary litigation, the case is more complex, but increased the burden on the court, reducing the lawsuit efficiency. In the free order of doctrine, the parties can sue, although favorable found true, but the parties in the competitive theory, the evidence is likely to attack, delay of action and other skills, can easily lead to unjust procedure and reduce litigation efficiency, waste of resources. In order to solve the problem of delay of evidence and attack of evidence, it is necessary to promote and strengthen the evidence provided by the parties, and the system of proof time limit arises at the historic moment. In our country, after continuous attempts, the judicial practice of the judicial committee of the Supreme Peoples Court on December 6, 2001, passed the certain provisions on civil litigation evidence, specified time limit for adducing evidence, the realization of Chinas civil litigation evidence at any time to change timely evidence doctrine. In April 1, 2002, the Regulations was officially put into effect and is still used today. First, the value of proof period system analysis The common concept of value comes from the relations