On The Civil Exchange Of Evidence To The Improvement Of The System

Originating from Britain in the eighteenth century, the evidence exchange system has developed into a very crucial system in the civil litigation in that it further strengthens the function of court trial and contributes much to ascertaining issues, promoting reconciliation and avoiding ambush in the process of court hearing. However, the system in our country is bearing many defects as far as its legislation and practice are concerned. The purpose of this writing lies in the analysis of those defects and giving advice about how to improve it.Comparative method is applied to the study of three classic evidence exchange systems in the common law system and the civil law system. The deep insight of respective elaborate system design hopefully may broaden the vision in improving our evidence exchange system. The thesis pins much importance to reconsidering our evidence law and tries to find the real problems in the operating of relevant evidence systems. This thesis also carefully points out three misleading ideas concerning our system consummation which call on embracing and bringing foreign evidence system but tragically ignore our county's legal soil.