举证时限理念的理性思考

Thoughts On the Philosophy Of Term of Offering Evidence

文章通过对最高人民法院确立的举证时限制度在实践中的困惑进行分析,对有关举证时限制度的理念进行了剖析,通过与英美国家诉讼中举证制度的比较分析,最后得出结论,认为举证时限的适用,必须是在充分保障当事人的争议点知情权和举证权的前提下适用,以这种理念做指导,才可能解决目前出现的许多模糊、往往会侵犯当事人诉讼权利的问题。

In this article, by analyzing the concerns arising from the practice of the system of the term of offering evidence, which is founded by the Supreme Court of P. R. C. , the author makes a detailed analysis of the philosophy of the system, through comparion with that of the U. K. and U.S.A. Finally, the author concludes that the precondition of applying the system of term of offering evidence is that the litigants＇ rights to know the disputes and offer the evidence must be assured firmly. As a result, many fuzzy questions which may infring on the litigant＇s rights may be solved.