Full-Text Search:
Home|Journal Papers|About CNKI|User Service|FAQ|Contact Us|中文
《Journal of Yantai University(Philosophy and Social Science Edition)》 2018-03
Add to Favorite Get Latest Update

On the Function of Chinese Late Evidence Disqualification System:the Constitutive Requirements Perspective

MENG Xing;School of Law,Beijing University;  
The late evidence disqualification system is introduced to China for the purpose of improving litigation efficiency. However,the constitutive elements of the system are different from those in western countries. Due to different trial structures,the late evidence disqualification systems of the civil law system and the common law system choose different ways to protect the litigation efficiency. The trial structure of China is similar to civil law system,its late evidence disqualification closer to civil law countries.However,the Chinese system lacks the "causing the delay of litigation"element and has an extra "not related to basic facts"element. Such differences make the function of Chinese late evidence disqualification system different from that of western countries' system. The Chinese late evidence disqualification does not aim at increasing litigation efficiency,but at preventing vexatious suit actions. To regain the function of late evidence disqualification system,the constitutive elements of the regulation should be adjusted. The litigation acceleration concept should also be transplanted in legislation,and the judges should make more directions on late evidence disqualification.
【Fund】: 国家留学基金委、北京大学靖江法律教育国际化发展基金资助
【CateGory Index】: D925.1
Download(CAJ format) Download(PDF format)
CAJViewer7.0 supports all the CNKI file formats; AdobeReader only supports the PDF format.
©2006 Tsinghua Tongfang Knowledge Network Technology Co., Ltd.(Beijing)(TTKN) All rights reserved