Spoliation Of Evidence In Civil Litigations

In substance, civil litigation is a process centering on the searching and utilization of evidence for the purpose of proving the facts of the case. And proof is the tie between evidence and case facts during the process. Since the benefits of parties are closely connected with the results of facts-finding, a litigant-oriented mode of proof was established. In this mode, litigants make claims, produce evidence and undertake the risk of burden of proof. While the court, as the fact-finder, will not involve in the process until the litigants run into obstacles in their search of evidence and ask for help under special circumstances stipulated by the law. Sometimes,the balance between the opposing parties will be lost when evidence is destroyed, altered, concealed or mutilated by parties or non-parties, i.e. participants other than the parties in the litigations or total strangers to the litigation. In general, spoliation of evidence undermines two important goals of the judicial system----fairness and truth. On one hand, spoliation of evidence interfere with the maintenance of a fair trial process by creating inequality between the parties in their access to information and evidence; on the other hand, it creates inaccuracy and uncertainty in the quest for truth. Actually, spoliation of evidence has become an increasing problem in civil litigation today. So sanctions and remedies are being developed by courts all over the world in order to take the spoliation of evidence under control. But China falls far behind both in legislation and in academic research as far as spoliation of evidence is concerned. By reviewing the history and development of the spoliation doctrine, the dissertation first defines spoliation of evidence. On this basis, it analyzes the policy concerns underlying judicial control of the spoliation of evidence, the elements as well as remedies and sanctions for spoliation of evidence. Finally, it puts forward some suggestions for the establishment of legal control system on spoliation of evidence in China by taking the civil law system and common law system as references. The dissertation is divided into 5 Chapters apart from the introduction.ChapterⅠdiscusses the definition of and incentives to spoliation of evidence. It first re-defines spoliation of evidence on the basis of reviewing the history and development of the spoliation doctrine in the civil law system as well as the common law system. Secondly, in order to have a thorough understanding of evidence spoliation and bring it under control, it analyzes the incentives to suppress evidence by the spoliator.ChapterⅡdiscusses the rationale for legal control of spoliation of evidence. It explains the policy considerations weighing for and against strict legal control of spoliation of evidence in the common law system, then introduces doctrines underlying judicial control of the evidence spoliation in the civil law system. Taking both as references, it concludes that bona fide doctrine should be combined with evidence investigation cooperation doctrine and damages compensation doctrine in constructing the rationale for legal control of evidence spoliation, with the stress on the first.ChapterⅢdiscusses the constitutive requirements for spoliation of evidence. The prerequisite requirement is the spoliator has a duty associated with fact-proving in litigation, no matter whether it is substantive or procedural in nature. Certain level of culpability, usually from negligence to intention, is also required for constituting spoliation of evidence. And the objective requirements include the act of spoliation, the result of spoliation, i.e. failure or difficulty of proof, and the causality between the act and result.ChapterⅣdiscusses sanctions and remedies for spoliation of evidence. Legislation, cases and doctrines concerning sanctions and remedies for spoliation of evidence in both the civil law system and common law system are reviewed in this chapter. On the basis of comparison, it points out that the main objective for legal control on spoliation of evidence is to restore accuracy of the legal proceedings, and considerations are also given to punishment and remediation at the same time. Courts exercise their discretion in imposing sanctions on the spoliators and offering remedies to the victims of spoliation. When doing so, the courts should consider elements concerning evidence destruction as well as other evidence of the case so as to shape their inner conviction.ChapterⅤputs forward some suggestions to the construction of China’s legal control system on spoliation of evidence. It analyzes the current legislative and judicial situations concerning spoliation of evidence, and suggests constructing China’s legal control system on spoliation of evidence through the perfection of legislation, auxiliary systems and judicial circumstances.