Study On Proving Prejudice System In Civil Litigation

The proving prejudice is the action executed by one party without of the burden of proof, hindering the other one's normal putting proof to the corut,with the subjective factors of intention or negligence in civil proceedings, so that the other side can not prove the fact that he advocates. The prejudice not only harms the legal rights and interests of the other party, but also may undermines the normal order of the proceedings. So civil law and common law countries draw up corresponding sanctions on obstruction of evidence in civil proceedings. Although in our civil law and the relevant judicial interpretation both formulate some provisions on this action, there are also many loopholes in these provisions. The mitigating effect of these provisions on the spiral of this action is little. Therefore, improving the provisions in legal and judicial interpretation, establishing a better obstruction of evidence prevented system will become the urgent questions on theoretical and practical fields. This article starts from the basic elements on obstruction of evidence, connecting with the theories and the relevant legal provisions in major countries and regions of civil law and common law, also the analysis and evaluation on them. Finally settling in the status of our country on the inadequacy of the relevant legal provisions, on the basis of borrowing the relevant systerm in the Two Schools. In an attempt to provide a conception of the construction on the obstruction of evidence system in Chinese civil procedure. This article consists of six parts,they are:introduction, summary of proving prejudice, comparison of the systerm and theories in the two schools, the analysis of the status quo of our country's proving prejudice in civil procedure, the conceptions of constructing the syaterm of proving prejudice in our country and conclusions.