Research On The System Of Obstruction Of Evidence In The Civil Procedure

In the practice, obstruction is a common phenomenon in the civil action. However, the research of the system of obstruction of evidence has just started in our country. So the theory was inadequate in legislation while affecting the practical use. In this paper, I will use empirical research method to discuss how to build the system of obstruction of evidence, how to improve our legislation and how to operate in the practice from a comparative law perspective which is based on national condition of China. There are five chapters, excluding the preface and conclusion.Chapterâ… : This chapter defined the basic properties of the system of obstruction of evidence. After analysing the system in a variety of legal basis, I give the viewpoint of my own that the principle of good faith and fair should be the legal basis when constructing the system of obstruction of evidence, and then describe the legislative and judicial experience of the main civil law countries.Chapterâ…¡: The logic premise of the accountability in the system of obstruction of evidence. This chapter describes the relevant foreign legislation. I divid the obligation of preservation and presentation of evidence into two stages which are pro-action and in the action.Chapterâ…¢: This chapter is mainly about the elements of the obstruction of evidence, including the subject, subjective, object and objective elements.Chapterâ…£: This chapter is mainly about the legal consequences of the obstruction of evidence. I analyse the three goals which we must consider when constructing the system of obstruction of evidence and also introduce several fundamental modes in the effect of the obstruction of evidence in various countries.Chapterâ…¤: This chapter is mainly about the present situation and consummation of the obstruction of evidence in our country. First, I will introduce the legislation situation of the system in our country. Then some advices of my own vision about how to improve the system of obstruction of evidence will be given.