Research On The System Of Obstruction Of Evidence In The Civil Procedure

Obstruction of evidence means that the litigant, without the burden of proof, destroys the evidence in lawsuit intentionally or blamablely, which makes both parties have no chance to investigate and use about the fact in dispute waiting to be confirmed, and ,as a result, in the case of unawares about the authenticity of the fact waiting to be confirmed, the litigant should assume the legal consequences. It goes with saying the importance of obstruction of evidence in judicial practice. The system of Obstruction of evidence needs the theoretical support of the right of proof theory, the cooperative system of lawsuit and truthfulness.Many countries'theory and legislation all have provision about the system of Obstruction of evidence. Although it's a long time since China used this theory in judicial practice, the research of the system of Obstruction of evidence in legal circles started very late. There is few correlative provision full of loopholes explained by legislation and justice. In order to perfect the system of Obstruction of evidence, we should deeply understand and theoretically perfect it from relevant supporting measures, main body, elements, legal consequences and other aspects. Consequently, it can be expressed clearly in legislation and perfected gradually in the form of legislative and judicial interpretation in the process of legal development in future.