China Civil Exchange Of Evidence To The System

Originating from Britain in the nineteenth century, evidence-exchange system has developed into a very crucial system in the civil litigation. It strengthens the function of court trial and contributes much to ascertaining issues. Also, it promotes reconciliation and avoids ambush in the process of court hearing. An emphasis on ideology guiding had been put on trial in China's civil justice reform in 1990s. All localities throughout the country launched a "one-stop" mode of trial, and ignored the pre-trial procedure which was particularly important for exchange of evidence, which led to a complicated trial process. Though a civil evidence-exchange system had preliminarily been established in China in 2001, there were several deadly flaws in both legislation and operational practice.The concept, function and value of evidence-exchange are discussed in this paper from the basic theory of evidence exchange system. In order to make it clearly, we reviewed the history of China's evidence-exchange system from the legal provision as well as judicial practice. With the method of comparative analysis, we did a research on the exchange of evidence of Several Western countries. We put forward some specific suggestions of the legislative requirements, scope and the process of evidence-exchange system. We also considered other factors such as the sequence which is not applied to evidence-exchange system, and some measurements related. The purpose of this paper is to play a constructive role with a view to China civil evidence-exchange system.