Exchange System Of Civil Litigation Pre-trial Evidence

Evidence exchange system is of importance in pretrial procedure. It is also a significant achievement in China's civil justice reform in recent years. This system was established in Regulations on Evidence of Civil Procedure (hereinafter called "Regulations on Evidence")issued by the Supreme People's Court on December 21st, 2001. But relevant provides in Regulations on Evidence are very simple and the theoretical research on the field is relatively deficient. The writer will study and make some suggestions on this system. This article involves four chapters except the foreword and the conclusion.Chapter 1 is about the difination, historical origin, values and functions of evidence exchange system. We can get a general knowledge about evidence exchange system which is basic for the further introduction.Chapter 2 is about the evidence exchange system both in common law countries and in civil law countries. The evidence exchange systems in two the law systems are introduced and compared in the range, methods, punishment while against law and judges' functions in the procedure of the evidence exchange system. Then successful experiences are concluded from the two law systems. For American evidence exchange system is the most successful one in the world, it is emphatically pointed out in this chapter.Chapter 3 is about China's legislative history about the evidence exchange system. Then through analysing "Regulations on Evidence" and the evidence exchange system of the two law systems, we get the shortage of China's evidence exchange system.Chapter 4 is about the legistive suggestion on the evidence exchange system.