试论民事诉讼举证时效制度的理论基础

On the theoretical basis of the proof limitation system in civil lawsuit

尽管《最高人民法院关于民事诉讼证据若干规定》就举证时效制度进行了明确的规定,但并不意味着这一制度能够在司法实务中发挥其应有的效用,因为任何制度的建立和有效运作,都需要有相应的理论基础。举证时效制度的理论基础主要有:程序安定理论、法律真实学说、诚实信用原则。

Although The supreme court＇s some provisions about the civil action proof is passed by the supreme People＇s court has clearly defined the Proof Limitation System, it doesn＇t mean that it must realize its effects, because the establishment and effective operation of any system should be based on the according theory. The theoretical basis of the Proof Limitation System in civil lawsuit mainly involves： Theory of procedure stability, Story of real law, and the principle of honesty and credit.