On The System Of The Exchange Of Civil Evidence In China

The evidence-exchange system Originated from Britain and the United States, however, the system of evidence exchange constructed in China's evidence act have great relation with that of Britain and the United States. China's evidence-exchange system is flawed, which is mainly embodied in these aspects. For example, operating rules of the exchange evidence are not perfect and lack of viable institution-seting mode.Compared China's civil evidence exchange with that of Anglo-American law system, ours is similar to the United States automatic disclosure procedure ,is a kind of evidence exchange leaded by judge ,is featuring by the limited right of client's taking evidence. Drawing on the system of civil evidence litigation of Britain and the United States is the demand of civil institutional transformation, the demand of perfecting civil pretrial procedures. China's developing groups in the legal profession will gradually adapt to the system of evidence exchange. We should improve the special procedure of collecting proofs by starting with the conversion of the basic guiding ideology so as to perfect civil evidence exchange of our country. This article is divided into five parts, with a comprehensive analysis of the system of China's civil evidence exchange,Part one is the instruction of the system of civil evidence disclosure in Anglo-American law system.This part concluds the definition of civil evidence disclosure, its values and functions.After summarizing the main contents of the system of civil evidence disclosure in Britain and the United States, we should give a analysis on it from its adverse effects and positive effects in order to lay a good foundion for the next four parts.Part two are the contents and flaws of China's civil evidence exchange . this part makes a mainly analyse in four aspects: the scopes of application, time, chairman,operating rules,limited times of China's civil evidence exchange and so on. In addition ,this part makes a further summary about the faults in cognition of our civil evidence exchange and our people's lacking of legal conciousness, the limited law prescription makes civil evidence exchange in the pretrial procedure fail to apply,the system of citing proof in limitted time has not yet been carried out,the unperfect defense system and so on .Part three is the comparision between China's civil evidence exchange and that of Britain and the United States.This part make a conclusion about the civil evidence exchange of our county , including that China's evidence exchange procedure is a procedure without starting and ending , which is similar to the United States automatic litigation procedure ,is a kind of evidence exchange leaded by judge ,is featuring by the limited right of client's taking evidence. Part four gives us an analysis on the necessity and feasibility of our country's drawing on the system of civil evidence litigation of Britain and the United States., which is formulated from the following aspects: our country's drawing on the system of civil evidence disclosure of Britain and the United States is the demand of civil institutional transformation, the demand of perfecting civil pretrial procedures ,the litigious culture in China's transitional period does not exclud the introduction of evidence disclosure system, China's developing groups in the legal profession will gradually adapt to the system of evidence exchange.Part five is some opinions about how to perfect the civil evidence exchange of our country .These suggestions can be summed up as follows :We should improve the special procedure of collecting proofs starting with the conversion of the basic guiding ideology ,such as , the rationalization of the procedures to investigating order,the construction of the procedure of the parties taking evidence directly, making clear the scope of the evidence exchange, institutions-setting ,rules of operation and improving the civil evidence exchange's supporting systems.