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《证据规定》施行以来,围绕举证时限制度,从社会到法官自身都存在着一些疑问和不清晰的认识。本文主要是对现有法源中的举证时限制度分析,重点是对证据失权的分析,以及对大陆法系以德国为代表证据失权制度的比较研究。最后从和谐的角度,提出了完善举证时限制度实施的几点建议,包括明确证据失权要件、当事人的可归责性、科学操作法院调查搜集证据等。
Since the implementation of “Provisions of Evidence”, there have been some doubts and unclear understandings from the society to the judges themselves around the time limit of proof. This article mainly analyzes the time limit of evidence in the existing legal sources, focusing on the analysis of the loss of evidence, as well as a comparative study on the system of losing the right of evidence in the civil law system with Germany as the representative. Finally, from the perspective of harmony, some suggestions are put forward to improve the time limit of proof, including the clarification of the elements of the loss of power of evidence, the liability of the parties involved and the evidence collected by the Scientific Practice Court.