Discussion On The Construction Of China's Civil Discovery System

Discovery system originates in Britain and becomes mature in America,which has many functions of collecting evidence,preventing evidence surprises,concentrating disputes and faciliating settlements,bearing the value of justice,efficiency,autonomy of the parties and cooperation of the parties.The systematic,concrete,sientific and rational natures of discovery system is generally acknowleged by law circle.Ever since its establishment,discovery system has achieved good results in judicial practice,which is a testimony to its success.In order to prevent the serious phenomenon of court trial surprises,continental law system countries such as Germany,Japan and France revised their civil procedure law in succession.They added pretrial procedure,into which they introduced systems similar to discovery system.Till now we don't have discovery system in China's civil procedure legislation,but in "Some Provisions on Civil Evidence" issued by the Spreme Court on December 21^st,2001,evidence exchange system was established.Aiming at enhancing evidence adducing ability and responsibility of the parties,preventing court trial surprises,faciliating settlements and alleviating the burdon of the court,evidence exchange system was obviously enlightened by British and American discovery system.However,the system,which is designed rather simple with imperfect operation rules,is just the roughest simulation of discovery system. Therefore,it didn't reach its original goal.Then,is it feasible to use British and American discovery system for referrence,transplant it to China and make it function well? This thesis is going to analyse China's evidence exchange system and put forward some sugguestions on how to construct China's discovery system on the basis of introducing the basic theory of discovery system and inspecting the content of British and American discovery system. Hopefully,this thesis would be of any help to China's reform of civil prcedure.Apart from introduction and conclusion,this thesis is divided into four parts.The first part introduces the basic theory of discovery system,including its concept, history and function.The second part inspects the main content of British and American discovery system, which contains the range,means,control of court and the sanction to the breach of discovery.The third part analyses China's civil evidence exchange system.Firstly,a review of the legislation process of evidence exchange system is taken in this part;then,compared with British and American discovery system,a summary of the problems of China's evidence exchange system is made.The fourth part puts forward some sugguestions on how to construct China's civil discovery system.Firstly,the neccesity and feasibility of China using British and American discovery system for referrence are analysed in this part;secondly,concrete measures of constructing China's discovery system are put forward;finally,systems related to discovery system are designed.