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Research On Discovery Procedure

Posted on:2009-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q WuFull Text:PDF
GTID:2166360245470376Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
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 civil code has established the system of the evidence security as well as emphasized the proof burden of the party in China, however, the law had not made specific provisions on measures of collecting materials. Before economic globalization and more international communications, it is necessary for us to refer and study successful experience from developed counties. So the author of the paper tries to analyze the development and function of discovery procedure and its impact on China's civil procedure. Besides, he hopes to be of help to China's judicial reforms in order to broaden the remedy for Chinese citizens.
Keywords/Search Tags:Discovery, Evidence-exchange, Evidence of Civil Litigation, Pre-trial procedure, the Perfection of the System
PDF Full Text Request
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