Exchange System Of The Evidence Before The Court Of Civil Litigation

With the reform and open policy of China, profound changes have occurred with the political and economical systems of society and which results in considerable new situations and problems in the judicial system. The new problems that how to reform the relative judiciary and perfect the procedure of pre-trial call for further study and solution by the academicians and the professionals. During the civil actions, with the development of reform of civil actions in China, the phenomena of evidence attack and delay of action occur occasionally. Therefore it arouses prevalent research and practice on the issues how to study and by virtue of the discovery system of foreign countries and how to establish and perfect the discovery system in china, which has been the focus of legislation of evidence and civil action law. The effective enforcement of the discovery system not only assures the efficiency of the trial, but also facilitates the pacification between the parties with less consumption of judicial resources. The dissertation begins with the origin, concept, characters, function and theoretical foundation of the discovery system. Through the introduction of relative rules of the discovery system in the United States and review of the process of legislation and judicial practice of evidence exchange system in China, the dissertation comments on the current discovery system in China and advances the suggestion of the improvement.Apart from the introduction and conclusion, the dissertation is divided into four parts. The first part is a brief summary of the evidence exchange system, which is the basis of the dissertation. Beginning with the origin of the discovery system, the dissertation introduces the concept and characters of the discovery system and analyzes its theoretical foundation, function and value. Moreover, the dissertation advances the possible disadvantages of the discovery system during the practice, which lays down a clue for the suggestion of reform advanced later in the dissertation.The second part is the discovery system in the United States. Through the introduction of the legislation process of the discovery system, the scope and methodology of the discovery, the dissertation searches for the valuable experience and advances the foundation of the suggestion of reform.The third part is the actuality and problems of the evidence exchange in China. This part mainly introduces the current legislations and enforcement of the discovery system in China. Compared with the discovery system of the United States, the dissertation raises the subsistent problems and provides the direction and objective of the reform of the discovery system.The fourth part is the suggestion of reform of the evidence exchange in China. The dissertation raises the corresponding systems to guarantee the enforcement of the discovery system,defines the scope of application and evidence of the discovery system and tentatively recommends an idiographic regulation of the enforcement of the discovery system in China.