On The System Of Evidence Discovery In Civil Action

In recent years, China’s civil trial continued reform in depth, while the judicial practice of the efficiency of the proceedings, maintaining fair litigation has increasingly urgent need, in this context of judicial interpretation, the implementation of a system for the exchange of evidence in civil proceedings. Compared with the Anglo-American system of evidence discovery, China’s exchange system also stems from the accumulation of evidence of judicial knowledge, from active judicial practice perfection, so the two are closely linked and that not only has a significant difference. Easy to see that the evidence established Chinese exchange system is to strengthen the ability and responsibility Litigating prevent raid trial, the trial function to strengthen and increase the efficiency of the trial. And these we can find the source of the evidence from the Anglo-American Discovery System. We also tried to use it to promote reconciliation function to resolve disputes, to alleviate the increasingly onerous trial court work. Then run the system since the exchange of evidence, evidence of institutional exchange system and litigation, litigation culture, rule of law in our country endures whether they can adapt in the environment? Are there any problems? To these questions make accurate and powerful answer, you need to compare the Evidence Disclosure System and in-depth contact a comprehensive study of our country, in order to establish an initial system construction framework. Meanwhile, the evidence exchange system in specific procedures, details, and other aspects of judicial practice is still at a preliminary stage, how to build a complete, scientific and effective nationally appropriate evidence discovery of reality we must face the problem and solved. From the evidence discovery system origins, principles, values-based and evidence discovery malpractice system analysis, trying to find evidence of China’s exchange regime shortcomings and lack of evidence to explore how to improve and build China’s national conditions and adapt Discovery System. The establishment of the Evidence Disclosure System presented initial ideas and suggestions.