Research On Evidence Exchange System Of Civil Litigation In China

Evidence exchange is the key segment in pretrial procedure . With the continuous deepening of the civil judicial reformation in our country , the establishment of evidence exchange of civil litigation is the necessary choice . With the method of comparative and value analysis ,the article analyzed the current evidence legislation and judicial practice of our country's evidence exchange . It also did a research on the evidence exchange sysyems of several western countries . On this basis , the author put forward some specific suggestions of completing evidence exchange system of civil litigation in our country . The thesis had been incorporated by 6 parts , including preface , four chapters and epilogue .Chapter one explored the origin of the evidence exchange system and defined the concept of it . Then it talked about the value and the disadvantage of the exchange of evidence .Chapter two introduced the evidence exchange systems of the respective modes of Anglo-American law system and continental law system , including England , America , Germany , Japan , France . It also made a discussion on the different characteristics and development trend of the two legal system on procedure operation .Chapter three made a review and analysis on the current evidence legislation and existing questions in practice of our country's evidence exchange . Through comparing to the evidence exchange systems in foreign countries , the author concluded that the system in China just imitated according parts of England and America roughly .Chapter four put forward the ideas on perfection of the system of evidence exchange of civil litigation in our country , including its value orientation , the mode of civil litigation , governing principles . The author suggested perfecting the functioning environment for the system of evidence exchange .