我国民事诉讼举证时限制度探析

The Discussion on System of Limitation of Adducing Evidence in Civil Action in China

举证时限是诉讼当事人是否承担不利裁判风险的一个重要分界线。现在意义上的举证时限概念,可追溯至历史上的法定顺序主义和随时提出主义。目前大多数国家都相继确立了证据适时提出主义,我国也经历了由证据随时提出主义向证据适时提出主义的转变。但是,由《最高人民法院关于民事诉讼证据的若干规定》所确立的举证时限制度对具体制度和规则的设计,仍然存在矛盾和缺陷,同时,期望通过司法解释来构筑完整的举证时限制度本身也有失常理,我国目前并不系统的举证时限制度急切需要通过立法来加以完善。

Limitation of adducing evidence plays an important role in deciding whether the litigants should bear the risk of unfair decision. The conception of limitation of adducing evidence can be tracked back to the theory of adducing evidence in statutory order and the theory of adducing evidence at any time, but for the defects of the two doctrines, most countries are inclined to adduce evidence in proper time. In the similar manner, limitation of adducing evidence in our country also gets its theory changed from adducing evidence at any time to adducing evidence in proper time. However, there are several contradictions and defects in the system of limitation of adducing evidence constructed by the several Provisions on Evidence in Civil Proceedings Enacted by the Supreme People＇s Court. Furthermore, establishing the whole system of limitation of adducing evidence by judicial interpretations is abnormal, so the unperfect system of limitation of adducing evidence in recent China need to he consummated by legislation urgently.