Evidence In Civil Proceedings Exchange System

The system of evidence exchange means to that under the court's management, parties exchange their evidence which will be used on court to confront fairly. The source of the system comes from England equitable law judicial practice in the later period of 16^th century, until 19^th century England judicial reform merged the common law and the equitable law. In 1938 America Federation Civil Law made the system of evidence discovery codified and it became a formal legal procedure institution. Since then, it was adopted by many countries' legislation and was paid attention to day by day, so it got development and perfect gradually.The importance of the evidence exchange institution is that it makes parties know the fact of case mostly and master relevant evidence of opposite party. So it can prevent litigant to make a surprise attack on the opposite party by taking advantage of holding evidence all to himself and strengthen the openness of case trial. It has much importance in discoverying fact, promoting reconciliation distincting question in dispute, preserving evidence, simplifying judicial procedure and so on.But in our country the system of evidence exchange is ruled in judicial explaination by the Supreme People's court and in practice it just imitates according parts of England and America roughly. So it is very important to design the institution of evidence exchange which fit our country. The thesis setabout from the basis theory of evidence exchange institution. By comparing the evidence system overseas and reviewing legal and judicial practice , the writer put forward own thought and hope it can be helpful to the revising of Civil Procedure Law.