Proof Of Civil Action Law Hinders Research

With the reform of civil litigation system and the court trial mode, the court plays a role in the case of significant changes, gradually transformed into just review and judge of the evidence presented. While at the same time, the status of the parties is strengthening and the responsibility on the burden of proof to prove also more determined. Because of the opposite interests of the parties, there are the phenomenon happened that one of the parties prevent the other side from proving through the methods such as destroy evidence, hide evidence and refuse to produce evidence appear frequently, which is known as the spoliation of evidence. As the spoliation of evidence has a bad impact on the both sides of the burden of proof, not conducive to the justice of the case of the count as well as the development of social culture, it is required to use the system of the spoliation of evidence to make the phenomenon regulated.The provisions on the evidence of the Civil Procedure Law of our country is relatively simple. Until December 2000, the Supreme People’s Court issued the "Regulations on evidence of Civil Procedure Law" (hereinafter referred to as the "rules on Civil Evidence"), obstruction of evidence problem was regulated by judicial interpretation. "The civil evidence regulations "Article 75 provides that:"there is evidence to prove that the party holds evidence who does not provide without justified reasons, if the other party claims that the evidence is not conducive to the possessor of the evidence can be presumed that the claim was established. " February 2015, the Supreme People’s court in 2012 revised "Civil Procedure Law" released "about the application of the" the people’s Republic of China Civil Procedure Law "interpretation" (hereinafter referred to as the "civil procedure law interpretation". In the judicial interpretation of 112 and 113 of involving the documentary evidence spoliation of evidence make a regulation.This paper is divided into three parts:The first part is expressing the overview of the obstruction of evidence. In this part, we will begin with the meaning and discuss the constitution about the main elements, the objective elements, the subjective elements and the elements of the causal relationship. Subsequently, summing up the consequences of proof of obstruction from the public law and the relief to the parties. At the end of this part, the article expounds the basis of legal theory from the evidence preservation obligation, the principle of honesty and trustworthiness, the obligation of cooperation and the possibility of illegal expectation, and then finds the process of system in China.The second part is to investigate development of the spoliation of evidence in foreign countries. On the basis of the previous studies, we will have a deeply study on the rules of the spoliation of evidence in Common law system and civil law system, then make a comparison and analysis of the development of various countries to summarizing the inspiration to our county.The third part is the application of the system of the spoliation of evidence in our country. This part will mainly take the form of the cases to explain the present situation of China from many typical cases, proving the existence of the influence on the interests of the parties in the judicial practice and the necessity of establishing and improving the rules.