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举证时限制度对于避免证据突袭、防止拖延诉讼无疑具有重要意义。但是,由于其过于严重的法律后果,造成司法实践中实体公正与程序公正的激烈冲突。设置举证时限制度的目的在于惩治有主观过错的逾期举证行为。与其繁琐地界定新的证据、证据的失权等,不如化繁为简,仅就主观过错的逾期举证行为进行界定,对于主观过错的逾期举证,轻者予以费用制裁,重者予以证据失权。
The time limit of proof is undoubtedly of great significance in preventing the raid of evidence and preventing the delay of litigation. However, due to its overly serious legal consequences, there has been a fierce conflict between substantive justice and procedural fairness in judicial practice. The purpose of setting the time limit of proof is to punish the overdue proof with subjective fault. Instead of tediously defining new evidence and losing power of evidence, it is better to simplify and simplify the evidence. Only the overdue proof of subjective fault is defined. For the overdue proof of subjective fault, the lighter is sanctioned costly, .