Font Size: a A A

Study On Civil Discovery Procedure

Posted on:2012-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Discovery system originates from the British and developes in the United States. As an important part of Anglo-American civil procedure, discovery has been developed and improved for hundreds of years, and we can easily find its key roles of discovery in the litigation fairs that It can save litigation resources and prevent evidence for raid. Although discovery is the product of the socialist litigation system in the lawsuit, due to its huge function, the continental law system countries also establishes some similar institutions.There is not a clear regulation of discovery in our civil procedure law .Although on December 21th, 2001 the supreme people's court promulgated the civil litigation evidence about the several provisions "(hereinafter refers as the civil litigation evidence provisions) and established the evidence-exchanging system ,but its content is too simple and coarse, and its legal effectiveness is still debatable. Our country's lawsuit system and judicial environment are essentially different from the western countries, so what conditions should be brought about to make the system running normally have not been analyzed systematically whether in the theory field or in the practice field.This paper introduces the discovery procedure in America and Britain----two typical countries in Anglo-American Law, and it also discusses the evidence exchange in Civil Law countries such as Germany,France and Japan. The excellence and defect of our country's evidence exchanging are analysed in the content .and some immature ideas and advice are also promoted.Besides the introduction, the text contains four parts and about 30,000 words.The first part introduces the basic theory of evidence discovery system, including the concept and characteristic, the specific historical evolution, the modes and exceptions of discovery. Through the introduction of this part of the text we will have some basic understanding of the discovery.The second part introduces the using of discovery in western countries, the discovery system developed very well in Britain and in the United States as a product of the syndicalism litigation system. Although there are some questions of discovery in the practicing process. Its scientific is undeniable, and it also increasingly attracts the attention and imitation of other countries .Though there is not a real discovery system in the Civil Law system countries, the inquiry programs pre-trial and the parties-meeting system they set up are similar to discovery.The third part introduces the basic content of evidence-exchanging system in China, such as the establishment process, basic composition and the difference in western countries. Through these introductions of these differences, we could realize the gap of evidence-exchanging between the western countries and our country .These introductions make full preparations for the following.The fourth part analyzes the existing problems in evidence-exchanging in China, and puts forward the specific ideas to establish the discovery system .we ought to not only convert basic ideas but also perfect the correlation necessary system and the evidence collection system. complete supporting systems, such as evidence–loss- power system. But each idea have an central theme that the most important step is to legislate, not just to stay in practical level. Otherwise it is difficult to eliminate the difficult situation that the legal system is not unified and its implement is too weak. The ideas above are just half-baked opinions of my own, I will be pleased that everyone could give me criticism and correct my fault.
Keywords/Search Tags:Discovery, Evidence Exchange, Pre-trial Procedure
PDF Full Text Request
Related items