A Research On Civil Pre-Trial Exchange Of Evidence Of China's System

Evidence discovery system started in the 17t′century in Common law countries, from starts to now, to a certain extent provided the convenience for the both parties to gains the evidence, prevented the evidence surprise attack, promoted between litigant's reconciliation, enhanced the hearing lawsuit efficiency. It is an important system in civil procedure of Common law countries. As the influence of Evidence discovery system in Common law countries ,our country also established Pre-trial evidence-exchange system, but it still was at the start stage, had many flaws, such as lack of legislative support for the principle of self-positioning and lack of content development and supporting systems related to the imperfections of. Therefore this article combined with experience oversea, inquired about suited our country's evidence-exchange system, and propose the suggestion of reform and improvement of evidence systems in our country.This article from the concept, characteristics of Pre-trial exchange of evidence system, differences between it and system of evidence disclosure ,and the function of it, Pre-trial evidence on China's course of development of the system and the problems and reasons of China's Pre-trial evidence-exchange system, through comparative analysis of the method, the representative of the country(the United States, Britain, France and Germany)Pre-trial evidence r of the exchange system to introduce Pre-trial Evidence-exchange system. And propose the suggestion: First of all, from the legislative aspects of the formation of the legal basis for evidence-exchange system; Second, clear evidence-exchange system positioning; Third , to establish the basic principles of evidence-exchange system; The most important from a legal system, rules of evidence complete the scope of the exchange, subject, host institutions, sanctions, etc., enrich the content of our evidence-exchange system; Finally, from the supporting system and the legal environment in a bid to further improve the evidence-exchange system.