Study On The Obstruction To Testimony In Civil Procedural Law

Obstruction of evidence is a common phenomenon in civil actions. Based on the legitimacy of the cooperative system, the system of obstruction of evidence is a Legal Regulation for evidence obstruction behaviors. It aims to eliminate untruth obstruction and maintain the justice of litigation. According to the fact that general theory in accordance with the reality requirements, this paper tried to perfect the current system in finding defects of current system and referring to other's experiences. The whole paper is divided into four chapters.The first chapter defines the essential properties that prevent the system, characteristics and composition elements. The system of impede and Obstruction to Testimony is two different things, the Cooperative is the legal basis of proving the legitimacy of impeding the system. The second chapter outlines the jump of the system of impede from the ordered value to the fair orientation. However, from a comparative and logical perspective of law, "a number of civil provisions of the rules of evidence" about the requirements that prevent the system has four major deficiencies that need to be improved:the law of a lower rank, components incomplete expression of vague terminology and procedures Lack of protection. The third chapter focuses on an introduction to Germany, Japan, the United States and Taiwan on the relevant provisions of the system of impede and judicial experience, in order to prove prejudice on perfecting our system for possible inspiration and reference. The fourth chapter proposes the specific recommendation of the improvement and perfection of the system that prevent specific recommendations aiming at the defects of Construction of current obstruction of evidence system.The innovation of this paper focuses on the fourth chapter. Some unique views on Improving the obstruction of evidence system are put forward:first, to enhance regulation of legal hierarchy; second, to adequate constituted elements; third, to provide specific legal provisions, which mainly explains the key elements constitutes sufficient.Based on practicality, feasibility, comparability and constructive characteristics of obstruction of evidence system, this paper absorbs and digests the current results and basically forms using the empirical analysis, comparative analysis and context of analysis.