On The Proof Of Obligation In Civil Action

With the emergence of modern new civil disputes such as environmental litigation and product quality disputes, So the issues of evidence spoliation occur frequently in the judicial practice. As the study for evidence spoliation in our country starts very later, the relevant legal rules are so simple that can’t deal with the complicated case in the judicial practice. Therefore, on the premise that the essential issues about evidence spoliation can be clarified, it is essential to discover and analyze deeply. And to provide powerful theoretical support for our judicial practice is also necessary. All these work will promote the development of our evidence spoliation system.Taking the typical cases of evidence spoliation occurred in the judicial practice as the breakthrough point, the paper reveals the common phenomenon that the improper preservation and deliberate destruction of evidence of one party cause the other party lose crucial evidence or prove difficulty that they can not prove their claims. Evidence spoliation forms differ in thousands of ways,and the legal consequences are not the same.In the beginning of the paper, from the perspective of adopting evidence spoliation in different cases but to cause different results in legal trial, the author initiated discussion on the issue. First from the basic theory of evidence spoliation, the author clarifies its connotation and constructive components respectively. And then based on the difference of eight kinds of evidence, the author clarify the analysis to put forward the corresponding legal regulations. Finally on the basis of the analysis for the legislative of evidence spoliation and judicial status quo in our country, the author combined with the latest judicial interpretations of the Civil Procedure Law to put forward more perfect proposal to our country’s evidence spoliation system from the proof of prejudice elements, legal effect selection and pretrial evidence preservation, related systems and other aspects of the witnesses proposed system.