Research On Evidence Exchange System Of Civil Procedure

Evidence exchange system means that a party receives information relating to the case from the other party or a third person and exchanges their evidence before trial. It originated from England equitable law judicial practice in the later of 16th century, until England Judicial reform in19th century. On the second half of the 20th century, evidence exchange system was set up as a legal procedure and developed in the United States. The system has the function of fixing the evidence, promoting reconciliation and avoiding ambush in the process of court hearing. More and more countries have established it in law of civil procedure or evidence law. Evidence exchange system has been a common choice to a certain degree.As is the home of the system, the discovery system in Anglo-American law system has the features of adversary system and has developed into a perfect procedural rules now. Because of the differences of legal tradition and legal system, there is no natural evidence exchange system in continental law system. But continental law system has reconstructed the Pretrial Procedure. There are the same points and differences between Anglo-American law system and continental law system.As the development of the civil judicial system reform, the old judicial system displayed the two flaws day by day: the evidence surprise attack and the law suit delay. So the Highest People'Court promulgated the Relevant Regulations on Civil Litigation Evidence on December 2lst, 2002. The judicial explanation established the evidence exchange system. Because the rules are comparatively simple and brief, so there are following problems about the system in the practice: the person who hold evidence exchange is not clear; the scope of the cases which need exchange evidence as well as the scope of the exchange of evidence is not clear; there is only one way for exchanging evidence; there is no measures to punish the people who break the rules; judges less explain the situation to parties and always decide the things; the connection with time limit for proving is not good; the law lack mandatory and authority.The evidence exchange system can perfect pretrial procedure, achieve judicial justice and improve the efficiency. So it is necessary to perfect the evidence exchange system. This needs to use other countries'successful legislative experience of procedure and combine our country current legal environment. The thesis probe into the theory of evidence exchange system and research relevant evidence exchange rules in western countries, then giving the following suggestions: make sure the person who hold evidence exchange; make sure the scope of the cases which need exchange evidence; make surethe scope of the exchange of evidence; making many ways to exchange evidence; make the rules to punish the people who break the rules; rational allocation the judges'power in the evidence of the exchange and mobilizing the initiative of the parties; improving the connection between evidence exchange system and time limit for proving; make the evidence exchange system legalization.