论民事诉讼举证时限制度

On Time-limit System of Persuasion in Civil Action

举证时限问题是民事诉讼中的前沿问题。长期以来 ,我国民事诉讼中实行证据随时提出主义 ,这使当事人在法庭上搞突然袭击或者故意不出示证据而拖延诉讼的情况屡见不鲜。举证时限制度的建立 ,为负有举证责任的当事人在逾期举证的情况下设定了证据失效的法律后果 ,这有利于程序公正的实现和诉讼效率的提高。在举证时限问题中 ,当事人新发现的证据的界定问题成为研究的热点。同时 ,证据交换制度成为建立举证时限制度的配套改革制度。

The issue of evidential time limit is the frontiers of civil action. In our country, the practice of lodging evidence without time limit has been followed during civil suits for a long time. However, it leaves an opening for litigants to conduct sudden attacks at court through lodging uninformed evidences or intentionally concealing testimony, thereby delaying persuasion; such cases occur frequently. Establishing the system of evidential time limit can define a legal consequence that the evidential litigant fails to lodge vital proofs within specified time limit, which contributes to the fairness of proceedings and effective lawsuit. In addition, how to identify the evidences that litigants newly discover comes to be a hot issue in the research of time limit of persuasion, and the exchange system of evidences has become a supporting reform in time limit system.