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《证据规定》中确立的举证时限制度对于民事诉讼理论的发展以及民事审判实务的指导均具有重要的意义。然而,该制度在审判实践中存在诸多问题和较大争议,某些内容可能影响到当事人的实体权益,审判人员也存在诸多误解。本文试图从审判实务出发,在肯定我国举证时限制度积极意义的基础上,指出当前我国举证时限制度还缺乏科学性和完整性,特别是举证时限的内容设置存在矛盾和逾期举证的法律效果过于苛刻,提出对我国举证时限制度的修改和完善。
The system of time limit of evidence established in the Provisions of Evidence is of great significance to the development of civil litigation theory and the guidance of civil trial practice. However, there are many problems and disputes in the trial practice. Some contents may affect the substantive rights and interests of the parties, and there are many misunderstandings among the judicial officers. On the basis of affirming the positive meaning of the time limit system of the burden of proof in our country, this article attempts to point out that the current time limit system of the burden of proof in our country lacks scientific and completeness. In particular, there are contradictions in the content setting of the time limit and the legal effect of the overdue burden of proof is too harsh , Put forward the revision and perfection of the time limit of proof in our country.