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Perfecting the Time Limit System of Inducing Evidence in Civil Procedure

Author: WangXiaoSong
Tutor: JiZongRu
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Evidence System Time Limit of Evidence Evidence be made at any time Evidence made ??a timely manner
CLC: D925.13
Type: Master's thesis
Year: 2005
Downloads: 184
Quote: 0
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Abstract


Time Limit of Evidence is an important part of the evidence system . It is an important way for the implementation of the Civil Procedure Law in China burden of proof system , trial periods regime indispensable means to the achievement of proceedings efficiency, effectiveness and value of procedural fairness . Time limit of proof on the issue , the Western countries in general experience from the legal order of the doctrine to the evidence made ??at any time ' and then the evidence put forward the ' three stages of development in a timely manner . China's \A long time due to the implementation of evidence in civil proceedings be made at any time ' , seriously affecting the impartiality of the proceedings , stability and efficiency , resulting in a number of drawbacks . In December 2001 , the Supreme Court issued a number of provisions of the Civil Evidence \make ' a major step forward to the evidence in a timely manner . However , the imperfections of the system itself and the pretrial system and other peripheral system is not complete, coupled with our current environment suited to lead to many of the shortcomings and defect . In this paper, comparative analysis, theory with practice and research methods, the Perfection of China 's burden of proof was discussed , elaborated on the basis of the establishment of the theoretical basis of the Time Limit of Evidence , the value of the time limit of proof . A comparative study of foreign legislation and the status quo of China 's judicial reform , this paper proposes legislation ideas to improve our time limit of proof to modify or evidence of legislative discussion in the \The mechanism of action can be beneficial .

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