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On the Perfection of Civil Evidence Invalidity

Author: JiaoDong
Tutor: ZuoShaoHu
School: Qingdao University
Course: Procedural Law
Keywords: Civil action The loss of the right of evidence Time Limit of Evidence Value Perfect
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 133
Quote: 1
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Abstract

Evidence to guide the soul of the litigation process , related to the success or failure of the parties , so that the evidence of the problem is a fundamental and critical issues in the Civil Procedure Law . Reasonable and complete the implementation of the system of evidence , will our Civil Trial Reform and the whole civil justice system will have significant and far-reaching impact . Evidence of the loss of the right system traceable to the history of legal order and liberal order doctrine , the former is too harsh evidence delay excluded from evidence the door , then upon is a the objectively true independent evidence be made at any time ' , given the parties to pursue the full rights at the same time , they also give evidence raid provides an opportunity to ignore the program 's stability and the stability of the referee , to increase the cost of litigation , so that \So the evidence timely proposed doctrine emerged to confirm the evidence of the legal consequences of the loss of the right to urge the parties to the burden of proof , the protection of the effective implementation of the Time Limit of Proof . Should strengthen theoretical study on the evidence of the loss of the right combination of China's current legislative status quo , while focusing on the value of the system of internal balance concept , the parties prior to the loss of the right to do a good job empowering security work , and learn from the advanced experience of foreign countries , and our localization The actual situation in combination , to speed up the legislative reform , perfecting the Civil evidence of loss of the right system . In this paper, a comparative analysis , theory with practice and research methods , and try to start from the evidence of the development of the history , a comprehensive and objective analysis of the logical structure of the Civil Evidence of loss of the right system , reveals the civil evidence of the loss of the right system established the trend in the world . Demonstration and Evaluation of deep-seated creatively for evidence of loss of the right theory of value , as the starting point of litigation of Justice and litigation efficiency , as well as procedural justice and substantive justice balanced concept , starting from the pursuit of the true nature of objective truth and legal unification , contributed to our the traditional litigation shift in attitudes , to promote the process of China 's rule of law . And then combined with the horizontal comparison of the two legal systems of the longitudinal course of development derived out the Civil Evidence of loss of the right system is perfect the road to legislative ideas to expand our evidence system contributed to a pattern of substantial changes and progress of our litigation .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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