民事举证时效制度之分析

On the prescription system of providing evidence in civil lawsuit

在审判方式改革中,民事证据时效制度体现了一定的价值取向,如维护程序公正,提高诉讼效率,落实举证责任,维护审级利益等,但也有着可待检讨之处。根植已久的实质正义的观念、现行法律支持的稀缺以及司法操作层面尚存在的困难等阻碍该制度顺畅运作的种种问题,尤值深思和研究。文章立足于我国的实际,论述了证据失权主义在制度层面上的进路。

During the reform of judicial way, although the prescription system of providing evidence embodies has played very important role in protecting the judicial equity, promoting the judicial efficiency, establishing the duty to provide evidence, and maintaining the court of second instance being that of last instance, there is still something to be improved. The root idea to protect the substantive justice, scarcity of strong support of present laws and the difficulty to apply the system are the obstacles to the system's smooth operation, which are all open to consideration and research. In the light of the experience and actual conditions of our country, the writer talks about the tendency of the doctrine about evidence invalidity at the system level.