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Civil Litigation Pre-trial Exchange Of Evidence Practical Issues

Posted on:2007-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:M WenFull Text:PDF
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With the accelerating development of the reform and opening up, the system in respect of politics, economy and law has been undergoing great changes in China. In order to deal with the new problems in the course of litigation and keep in pace with the international tendency of the judicial modernization, reforming judicial proceeding, making the pretrial procedure perfected , especially setting up the system of Discover, have been attached noticeable significance by both researchers and the judiciary. As a crucial part of the pretrial procedure in civil litigation, Discover plays an important role in safeguarding litigation justice, improving litigation efficiency and encouraging the parties to reach an agreement. Firstly, in this essay, attempts have been made to expose almost all the respects of Discovery, such as definition, origin, types, character, function, value and the relationship with the relative procedures. Next, the present condition of Discovery in China is examined from a new point of view accompanied by reviewing the legislative history of and judicial practice in relation with Discover. Finally, the deficiency in the existing system with regard to Discovery is pointed out, accordingly, suggestions about the perfection of the system are rendered.This essay includes three parts besides preface and conclusion: Part one, an overview of Discovery. Discovery is a very important concept in civil litigation. There are relative regulations concerning Discovery in both countries of case law and countries of civil law. Discovery is composed of two parts: the procedure and the consequence of evidence exchanging, of which the concurrence is essential. Any kind of legal system is founded on the basis of certain theory for existence and development and needs a series of relative rules to operate with it harmoniously, Discovery is no exception. In this part, the definition and origin of Discovery are explained , also, the types, character, function, value and the relationship with the relative procedure of it are analyzed respectively.Part two, a review of the present condition of Discovery in China. In the first place, the author looks back to the developing history and judicial practice of Discover in China. In the second place, the experience of the practice of Discovery is appraised. Meanwhile the deficiency of it, by reason of the absence of legislative grounds, perfect operating rules, relative regulations and effective safeguard, is...
Keywords/Search Tags:Evidence collecting, discovery, pre-trial procedure
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