Study On Evidence Exchange System Of Civil Litigation

The consummating of civil litigation evidence system has always been the focused issue during the recent civil justice reform in China, of which the evidence exchange system is of importance. In fact, there is no relevant regulations among China's civil litigation laws. The Highest People's Court promulgated the Relevant Regulations on Civil Litigation Evidence (hereafter as the Regulations on Civil Litigation Evidence) on December 21, 2001, establishing the evidence exchange system to further implement the civil justice procedures. Nevertheless, the Regulations on Civil Litigation Evidence are comparatively simple and brief. Basing on this, the thesis intends to research on this subject and provides suggestions on legislation of evidence exchange system. The thesis has been incorporated by 6 parts, including preface, four chapters and epilogue.Chapter one clarifies the definition of the evidence exchange system and explores its origin. The system is designed to counterattack evidence sudden attack, litigation delay, low efficiency, high cost etc. Therefore the value orientation of establishing evidence exchange system is to realize litigation justice, overcome litigation delay, reduce litigation cost and accelerate settlement. Besides, the chapter briefly introduces the category of evidence exchange system.Mainly introducing the evidence exchange systems in foreign countries, Chapter two analyzes the respective modes of Anglo-American law system and continental law system. The author further pointed out that the two prominent modes of evidence exchange revealed the trend of mutual-reference and gradual reconciliation.Chapter three recalls the legislation process of evidence exchange in China, analyzing the Regulations on Civil Litigation Evidence. Compared to the evidence exchange systems in foreign countries, the author concluded that the system in China is of low legal validity, lacking mandatory and authority, comparatively rough and imperfect. Incorporated with regulations of multi-orientation, the system...