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最高人民法院《关于民事诉法证据的若干规定》颁布后,举证时限制度在我国得以建立。作为举证时限制度的核心和法律后果的证据失权制度,由于其适用过于严格,极易侵害当事人的实体权利。并且证据失权的相关制度,诸如审前程序、答辩失权、法官释明以及强制律师代理制度并不完善,其可操作性受到质疑。为此,有必要对证据失权进行改造,同时探索举证时限制度的其他惩戒方式。
After the promulgation of the Supreme People’s Court’s “Several Provisions on Evidence of Civil Procedure Law,” the time limit of proof has been established in our country. The system of evidence loss of authority, which is the core and legal consequence of the time limit of proof, is extremely apt to violate the substantive rights of the parties due to its strict application. And the relevant systems of the loss of evidence, such as the pre-trial procedure, the right to defend the defense, the interpretation of the judge and the compulsory solicitation of the lawyer system are not perfect, and its operability is questioned. For this reason, it is necessary to reform the evidence loss authority, and at the same time to explore other modes of punishment for the time limit of proof.