Research On Evidence Exchange System Of Civil Procedure

The evidence exchange system,originating from Discovery in Common Law System,plays an pivotal role in civil pretrial procedure.The evidence exchange system contributes to evidence collection and protection, fixing up disputes and promoting reconciliation of disputes, which is the common pursue of all the countries. The Highest People's Court promulgated the Relevant Regulations on Civil Litigation Evidence and established the evidence exchange system. But there are still some flaws in legislation and legal environment as well. This thesis does a research on the evidence exchange system in China with the methods of comparative analysis, value analysis and historical analysis. On the basis of this, we promote some relevant advice. The thesis has been incorporated by 6 parts, including preface, four chapters and epilogue.Chapter one clarifies the concept and characteristics and explores its origin. On the basis of this, the author discusses the value and the function of evidence exchange system.Chapter two introduces the evidence exchange system of the United States, Britain, Germany, Japan and France. From the aspects of the extent, method and punishment, the author endeavors to find the differences among the countries in evidence exchange system, as well as the common aim.Chapter three focuses on the evidence exchange system in China, including the history of the process, the present situation, the deficiencies of legislation.Chapter four put forward the basic concepts and principle of evidence exchange system. Thus a series of ideas have been expatiated on both the evidence exchange system itself and some relevant systems. A series of ideas have been expatiated on legal subject, range, time, mode, and exercising procedures to perfect the current evidence exchange system. Only by doing this, the evidence exchange system can exerts its maximum function.