Research On The System Of Civil Evidence Losing Rights In China

In 2001,the provisions of the evidence provided for the first time the system of loss of civil evidence,clear that more than the time limit for proof,the evidence submitted,in addition to the consent of the other party,as a waiver of the right to proof,the people’s court does not organize evidence.This system has undoubtedly become milepost type event in the history of our civil procedure legislation,marking China’s civil litigation evidence at any time from the long period,to put forward the evidence into the romantic period.However,every system component in the legal system cannot be perfectly matched with the machine as soon as it is made,and it needs to be tried out and corrected continuously.Over the years,several amendments have been made to the system,and the current provisions of the civil procedure law and its judicial interpretations have essentially deprived the system of practical application.Through theoretical research and observation on judicial practice can be seen,the judge dare for evidence of loss of the right to make a contrary to fact judgment,the only pursuit of objective truth does not attach importance to procedural justice also don’t understand.It is not difficult to find that almost all the amendments and discussions can not get rid of the influence of social living space,and the rules,systems and legal acts can only be fully justified under the "space" discourse of law.Analysis of the intrinsic value of the civil proof losing right system in this paper through the spatial perspective method,combined with the United States britaingermany Japan civil proof losing right system is the advanced experience,the reflection of the system in our country,and puts forward the legal rules set,the practice of the guarantee of judge and thinking the idea of perfecting the civil proof losing right system suggestions.