On The System Of Exchange Of Evidence In Civil Litigation

Evidence discovery system started in the 19th century in Britain and has drawn much attention over the world ever since. The evidence discovery system in different countries has undergone different process of development and perfection. As to concrete evidence discovery, there are many differences in aspects such as scope, method, limitation, and punishment. In the trail mode reformation of China, the pre-trial exchange of evidence has been tried out in some areas. However, there are some problems is worth pounding and studying. Recently in many countries, it's coming to be tide that reforming mumbo-jumbo and traditional litigation system in order to search for the balance of equity and in effective .It's a necessary means to promote civil preparatory procedure of China's civil litigation. The evidence exchange can be able to strengthen the function of court hearing, arrange the point of disagreement, accelerate transaction of parties, and prevent emergency raid. However, there are some problems, such as the issues of operating circumstances concerning action system, circumstances of legality, perception of action. This is worth pounding and studying. On this ground, this essay is a systematic review of the American pretrial proceeding, including pleading, discovery and pretrial conference, the France and the German way of preparation of the main hearing, plus the China's preparatory stage before hearing about the exchange of evidence. The article refers to foreign systems of citing proofs within exchange of evidence. It inquires about the necessity of establishing and perfecting a China's civil system that requires exchange of evidence for citing proofs. This article use to the method of comparative studying, in the point of the intention and function of evidence discovery system. The author analysis the gaps in our exchange of evidence which cause an unjust and ineffective court hearing in civil litigation. According to above analysis, the author puts forward a scheme on improving it. The author believes the foreign experience discussed in this paper will serve as a great source of inspiration for China.