The Predicament And Outlet: Study On The Evidence-exchange System Of The Civil Procedure Law Of China

Not only is the evidence-exchange system an organic component of the pretrial procedure, but it is a vital intermediate link of commencing a lawsuit and hearing a case. The building and using of the evidence exchange system are very important for the justice of a judicial proceeding, the appropriate protection of the parties'rights and the increase of judicial efficiency. However, there are some questions to legislative and justice, and these regulation are oversimplify. We should consider this system repeatedly and do it completely. This article has four parts except the preface and the epilogue, this article has a total of thirty thousand words.The first part is a general overview of the evidence- exchange system. We will have an overall understanding from three points through the logical analysis method. Firstly, the article annotates the concept of the evidence-exchange system by the origins and the defined meaning. Secondly, the article introduces the functions of the evidence-exchange system of the civil procedure, the functions of f the evidence-exchange system are the collection of evidence, the finishing of the focus of controversy, the prevention of the litigation raid and the increasing of efficiency of the proceedings, and the alternative dispute resolution function. Thirdly, it analyzed the multiple values of the evidence-exchange system through the value of the rule of law, the value of justice and so on. This part will further examine the basis of extraterritorial evidence exchange of system.The second part introduces the evidence-exchange system of the Anglo-American law system and the Civil law system, mainly from the ways of exchanging the evidence, the scope, the sanctions to against the rules of the evidence-exchange system of the countries, then compares and analysis the differences and commonalities of the evidence exchange-systems. This part focuses on examining the U.S., Germany and Japan, evidence-exchange system.The third part is the legislation and the operation status of the evidence-exchange system mainly through the logical analysis, empirical survey methods reveal some questions of the evidence-exchange system in China, and finds the causes on the legal action pattern, the legal action culture and concept to this current situation.The fourth part analyzes the necessity of the system to building-up and perfect, and submits some suggestions on the economic development of our country, the judicial reform and the transformation of the cultural civil litigation, combining with our country's specific national condition.