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Research On Evidence Exchange System Of Civil Litigation In China

Posted on:2006-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhangFull Text:PDF
GTID:2166360155975221Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Evidence exchange is main content or key segment in pretrial procedure. It not only possesses abundant procedure function, but also has very important meanings in improving efficiency and justice of civil lawsuits. Both common-law national and civil-law national devote high attention to this. The article introduced the structure, function and operation way of evidence exchange system of civil litigation in America, Germany and Japan. It also summarized the difference and general characteristics of the two legal system on procedure operating. On this basis, the article analyzed the current evidence legislation and existing questions in practice of our country 's evidence exchange. Then it put forward some ideas on how to complete evidence exchange system of civil litigation in our country. For example: make a clear distinction on legal attribute, judge function, links with related systems; offer some program on subject, range, form, operation procedure and fruits fix of evidence exchange. The purpose to study this subject lies in: civil litigation of China just set up evidence exchange system through Evidence Regulation. This new exchange system is a reflection of achievement which were gained in process of litigation reform. It also exerts a great influence on litigation system, trial structure, evidence system and lawsuit theory of current civil litigation in our country. It is very important to structure and complete evidence exchange system for the new system will improve efficiency and promote justice in civil procedure. It also helps to change our country'litigation system from official power doctrine to party's doctrine.
Keywords/Search Tags:evidence exchange, pretrial procedure, party's doctrine, Evidence Regulation
PDF Full Text Request
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