Civil Evidence Exchange System

As an important system in civil procedure of common law, evidence exchange plays an irreplaceable role. Some civil law countries such as Germany and Japan amend their civil procedure law and accrue pretrail procedure, attaching much importance to evidence exchange system. Using Discovery for reference , some courts make out evidence exchange rules to exert courts' effect and strengthen party' onus probandi,and academic circle aslo examine it. Regulations on Evidence of Civil Procedure promulgated by the Supreme Court in 2001 is the result of recent judicial reform. However evidence exchange has not lived up to our expectation. Neither in the field of theory nor of practice, there has no systematic analysis on what conditions are needed to guarantee evidence exchange to operate well.This paper contains 4 parts excluding introduction ,which is 30, 000 words or so.The first part talks about the value basis of evidence exchange system. It states the evidence exchange system mainly embodies fairness and efficiency , then discusses the manifestation of the two sorts of value in civil litigation. The second part firstly introduces the evidence exchange system in the adversary system and the inquisitive system, represented by the US and the UK ,Germany, Japan and France respectively,then analyzes the common ground and difference on it in the western countries , and finally indicates the factors leading to the difference.Combining the current code of civil procedure law and judicial practice, the third part surveyes the evidence exchange system again. At the time of affirming the certain success of "some provision of proof" about the evidence exchange, it particularly analyzes the environment of the movement and the system blemish.