On The Disadvantages And Perfection Of The Civil Evidence Exchange System In Our Nation

Evidence system is the core of the civil action system. The research on evidence system has positive significance to promote civil action innovation. Focusing on the civil evidence exchange system of our nation, this article analyzes the disadvantages of it and puts forward some personal designs concerning perfecting this system on the base of thorough comparing and analyzing the discovery in Anglo-American law system with the correlative course in continental law system.This article has four parts, and the main contents are as follows:The first chapter summarizes the civil evidence exchange system of our nation. Firstly, I discuss the connotation and basal function of the system. Secondly, I introduce the establishment background and the process of the system. Finally, I briefly introduce the main contents of the system.The second chapter introduces and analyzes the civil discovery system in the Anglo-American law system. Discovery roots from the Equity practice of England in the sixteenth century. With the continuous amendment and perfection, it has become the pivotal part of the England and American civil action. The England document disclosure has a suit of intact rule on the aspects of bound, fashion and law aftereffect. The American civil discovery develops much more, it endows party cogent attestation collection power. On the aspects of bound and fashion to discovery, American has a suit of complex and detailed operating rule. In the third part of this chapter, I labor the common points on the civil discovery of England with American.The third chapter introduces and analyzes the correlative course of action of the continental law system. There are many differences between the Continental Law System and the Anglo-American law system. But in the law innovation of replying the delay of action, it begins to adjust its trial structure step by step and refers to the discovery of Anglo-American law system on the aspect of function. Consulting the function of the discovery of Anglo-American law system, I introduce briefly the correlative course of action on the aspects of the civil pre-trial preparation procedure and helping party to collect evidence in France, Germany and Japan.The fourth chapter discusses thoroughly the disadvantages and perfection of civil evidence exchange system in our nation on the base of the former three chapters. On the basal value conception, our nation's civil evidence exchange system overstresses on the efficiency of the action, but ignores the justice of the action. In our nation, the rules of civil evidence exchange system are relative cursory and half-baked. And the function of civil evidence exchange of party and court is incomplete. Aiming at these disadvantages, I bring forward some ideas from two aspects, which are basal complication and inner rule of civil evidence exchange.