Civil Pre-trial Procedures For Evidence Exchange System

Originated from England in the 19th century, evidence exchange is graduallybecoming an unchangeable regulation. The establishing of pretrial evidenceexchange system is extremely valuable in strengthening the Court?ˉs trial function,making point of disputes, facilitating the resolution through mutual mediation andpreventing unexpected evidence. As the reform of civil procedure in our country, itusually happens that the parties intentionally use some emergent evidence and deterthe trial on the court. Thus, in use for reference of other countries'successfullegislative experience of procedure and combining our country current legalenvironment, It is absolutely necessary to establish our evidence exchange system.Although the "Some Provision of the Supreme People's Court on Evidence inCivil Procedures" (hereafter as "Evidence Rules") Dec. 21st, 2001, which makessome detail regulations for the civil procedure, improves the efficiency of the civiltrial, as a judicial explanation, it could not make much improvement for the wholecivil procedure system. It's a great challenge for the whole civil procedure system toestablish and improve the evidence exchange system.By using comparative analysis to research relevant evidence exchange rules inwestern countries and to survey the historical development of Chinese legislationand juridical practice in such area, the emphases of this dissertation are to review thecurrent situation of Chinese evidence exchange system as well as its emergingdemerits and further to propose certain worth-considering suggestions associatedwith how to improve the Chinese evidence exchange system.This dissertation consists of four parts: introduction, main part, conclusion andreference. The main part is arranged into four chapters:Chapter 1: General survey of the system of evidence exchange. Covering theorigins of the evidence exchange, summarize the type and major function on the baseof definition of the evidence exchange and the value of the system, make it as thebase and purpose of the thesis.Chapter 2: Foreign countries?ˉ legislation on evidence exchange rules. Compareand introduce the legislatures of evidence exchange in foreign countries withcomparing with the continental law and common law to widen the view of thereform and improvement of Chinese evidence exchange system.Chapter 3: Current situation of Chinese civil pretrial exchange evidence system.Introduce the regulations of law and judicial explanation of the pre-trial evidenceexchange. Find out the defect of the current regulations from the legislature andjudicial practice. Analyze the reason of the defects and the break-point of the futuredevelopment.Chapter 4: Suggestion relating to improving Chinese evidence exchange rules.Discuss the settings of detail rules and relative protective regulations of pre-trialevidence exchange in civil trials.