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证据是民事诉讼的核心内容,当事人及时向人民法院提交证据,既有利于人民法院依法及时对案件作出判决,也有利于当事人合法权益的维护。2012年8月我国新修改的民事诉讼法第65条,对举证期限的确定及当事人逾期举证应当承担的法律后果作出了明确规定,应当说是立法的一大进步。但是,这一规定的缺陷也比较明显,包括举证期限确定的职权化、证据失权的宽松化、强制措施的行政化等。本文试图对其进行梳理,提出完善法律制度的立法建议,以期进一步完善立法。
Evidence is the core content of civil litigation. The timely submission of evidence to the people’s court is not only beneficial to the people’s court judging the case promptly in accordance with the law, but also conducive to the maintenance of the legitimate rights and interests of the parties concerned. In August 2012, Article 65 of the newly amended Civil Procedure Law of China clearly stipulated the deadlines for proofing and the legal consequences due to the overdiscrimination of proof by the parties. It should be said that it is a major step forward in legislation. However, the shortcomings of this provision are also obvious, including the authority to determine the period of evidence, the loosening of evidence loss of authority and the administration of compulsory measures. This paper attempts to sort out its, put forward the legislative proposals to improve the legal system, with a view to further improve the legislation.