A Study On Use For Reference To China Of Disclosure Of Documents In England

According to the deepening of civil justice reform in China, we adopt the disclosure of documents in English-American countries, i.e. evidence exchange. On the basis of Black Law Dictionary, disclosure①refers to something knowing what we don't know before and disclosing or showing something hidden before. In the justice system, it is a pre-trial and pre-proceeding. It is used for one party obtaining information which is related the case to the others. So they could prepare for the case. Because of civil evidence rules in our Civil Law are simply briefness; the Supreme Court established a judicial document—Some Provisions Related to Civil Procedure Evidence. But in the practice, evidence exchange in China lack of maturity and system. The paper is based on the evidence exchange as research object, the disclosure of documents in England as original version, and putting forward some suggestion to the perfection of the evidence exchange.Chapter 1 offers the survey of disclosure of English-American legal system. Disclosure of documents is the characteristic in English-American legal procedure system. Including the producing background, not only the establishment and development are introduced, but also the definition, characteristic and function of disclosure.Chapter 2 just studies disclosure of documents in England. It gives an elaborate explanation to disclosure of documents. From the disclosure and inspection of documents to subsequent use of them, from the consequence of failure to disclosed documents or permit inspection to disclosure in stages and duty of disclosure continues during proceedings, so a three-dimensional frame setting down.Chapter 3 is about Claim to withhold inspection or disclosure of a document. The court in England tries hard to ensure any order of disclosure of documents, to accords with the need of the case. The scope is not great, small either. They would overcome the abuses of antagonizing system, not only from the macro aspect of public privilege, but also the micro of legal professional privilege of the privilege.Chapter 4 offers the status in quo analysis of evidence exchange in China. It...