论·举·证·时·效

举证时效制度的设立,是实现程序正义的必然要求,又是追求诉讼效 益的应有之义,世界上许多国家的民事诉讼立法都对举证时效问题作了具体的要求。 我国法律中没有规定举证时效制度或相关的制度,导致了诉讼效率低下,当事人讼累 增加,法院权威受损。因此,在我国民事诉讼中设立举证时效制度势在必行,设立此 制度的主要障碍不在于立法技术,而在于对诉讼价值的认识,在于现代的以程序正义 为诉讼目的、以追求法律真实为诉讼目标的诉讼价值观的完全形成。

On the Limitation of Proof

Establishment of limitation of proof system is an inexorable demand for realization of procedure justice, and is corresponding to pursuing benefit of action. Detailed requirements relating to the issue of litigation of proof have been provided in the civil procedure laws in many countries in the world. In Chinese laws there are no provisions concerning limitation of proof system or relevant systems. This has reduced the efficiency of action, increased the burden of parties of actions, and damaged the authority of courts. Therefore, it is necessary to establish limitation of proof system in the civil procedure in China. What has mainly barred the establishment is not legislative technique but cognition of action value, and the complete formulation of action values in which purpose of action is procedure justice and aim of action is pursuit of truthfulness of law.