Font Size: a A A

Evidence Before The Court Exchange System

Posted on:2009-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:S W LiFull Text:PDF
GTID:2206360248950901Subject:Law
Abstract/Summary:PDF Full Text Request
The system of evidence exchange means to that under the court't management, parities exchange their evidence which will be used on court to confront fairly.The Source of the system comes from England equitable law judicial reform merged the common law and the equitable law.In 1938 America federation civil law made the system of evidence discovery codified and it become a formal.Legal procedure institution,Since then,it was adopted by many countries' legislation and was paid attention to day by day,so it got development and perfect gradually.This paper firstly introduces the discovery in adversary system,represented by the US and the UK and in inquisitive system,represented by Germany,Japan and France, then analyses the operational basis and the details of the discovery in western countries. Finally.Author argues how to sets forth the establishment of discovery in western countries—the knot of the establishment of discovery lies in legislation but not in practice.Only by doing this,can the notification and malpractice of laws be eradicated.Chapter 1 talks about the history development,definition,character,kinds and value of exchange of evidence,to make people understand the system of exchange of evidence better,then can use it and realizes its functions better.Chapter 2 firstly introduces the discovery in common law, Represented by the US and the UK and in civil law,represented by Germany and France,the analyses the operational basis and the details of the discovery in western countries.Chapter 3 author argues the history development of the exchange of evidence and the exploration and practice related to exchange of evidence in our country.Then author points the problems related to exchange evidence in legislation,concept of law and the practice of lawsuit.In the last chapter,author expands how to set fourth the establishment of exchange of evidence,based on the importance of it,And states further that the knot of the establishment of exchange or evidence lies in legislation but malpractice of laws be eradicated.
Keywords/Search Tags:evidence exchange, pretrial procedure, time limit of proof
PDF Full Text Request
Related items