On The Obstruction Of Evidence In Civil Litigation

The obstruction of evidence is the action which is executed by one party to obstruct the other one's normal putting to the proof and disturb the perfect order of the procedure in the civil litigation. According to the other one's obstruction of evidence, the party in burden of proof maybe unable to prove the facts he advocating, which will lead him to the unsuccessful consequences. So, the injustice of the obstruction of evidence goes without saying. However, the current judicial system of our country is unable to hinder this action effectively. It seems to exist two main reasons: first, there hasn't been enough attention to this question; second, there hasn't been perfect system in practice. Although our current civil procedure act and relevant judicial declaratory statutes have stipulated it in different points of view, the current articles are crude obviously and nearly have effect on changing the present situation. So it could be drawn a conclusion that the obstruction of evidence will be become the popular matter gradually.First, this thesis will introduce the basis theory, then, integrating the relevant articles of continental-law-system countries and areas, analyze the due way of punishment on the obstruction of evidence, finally, appraise the current relevant system and raise my individual humble opinion on the measures of consummation. The whole thesis can be mainly divided into there parts:Part one: Outline of the obstruction of evidence. In the beginning of this part, I limit the conception of the obstruction of evidence. Next, on the basis of explaining the components of this action, I classify it and find the bounds of each other.Part two: The way of punishment. In this part, first of all, I clarify the established fundaments of the way of punishment in theory and then introduce the relevant articles of continental-law-system countries and areas, at last, explain and appraise the relevant theories.Part three: Probe into the current system of the obstruction of evidence. According to the introduction and comparison on our current civil procedure act and relevant judicial declaratory statutes, I criticize the shortcomings and defects of it and proceed to the nest step on raising my individual humble opinion on the measures of consummation.