The Discovery In The Civil Procedure

The Discovery results from Britain and US, because it has the functions of gaining evidence, reducing or eliminating surprise attack, promoting reconciliation, moreover, it has fair autonomously,efficiency,the Meaning autonomous,the litigants'cooperation. The Discovery has attractions to the countries of Civil Law system. The countries of Civil Law system do not have the Discovery, but have systems with similar functions. Our country's Evidence-exchange has been considered as the embryonic form of Discovery in China, but the system has achieved by no means the anticipated effect, not only system itself has some problems, but also it concerns with the insufficiency or the flaw of correlative systems. The author believes that establish the Discovery in our country has the necessity, also has the feasibility. Through the comparative analysis of the Discovery in the Common Law system and the Civil Law system. This paper defines the position in our country's Evidence-exchange systems by combining with the judicature practice of Evidence-exchange systems, and proposes the ideas and the suggestions to our country'Discovery.There are four parts besides foreword,conclusion.First chapter: The rationale of The Discovery. This part includes the Discovery's connotations, functions, contents, and the relationship between the Discovery and Pre-trial procedure. There are several kinds of connotations about the Discovery. The meanings of the Discovery was defined in strict and freely ways, and compared with other views in the world. The functions of the Discovery read as follows: First, it can get the information and relative facts on the trial .Second, it also can illuminate and define issues, and the important is that it can prevent surprise attacks. Third, it can assure that the Pre-procedure works well without wasting the resource of justice. Fourth, it can promote reconciliation .For the pre-trial procedure and the Discovery are...