Civil Procedure Evidence Discovery System In Our Country To Adapt

Evidence discovery system started in the 19t' century in Britain. It is an important system in civil Procedure of Common law Countries and it plays an irreplaceable role therein. With the reforming of Our civil judicial system ,such malpractice as evidence attack and lawsuit .Delay have been exposed Some People find the discovery a Panacea, but neither in the field of theory nor of Practice, there has not been any systematic analysis on whether there exists fertile soil in our country for the system and on what conditions are needed to guarantee to function well.This paper contains four parts, The first part introduces the general theories that show the theory and function. The second part takes United States as a typical model in evidence system for detailed and in-depth discussion. The third part generally looks back each step of development of evidence system in our country, and makes comparison analysis between US and ours, and make further thinking our the existing problems in our country. The forth part starts with important meaning of evidence system reform and improvement to our country. Then analyze from two parts: evidence investigate system and evidence exchange system. Evidence investigate systems is established to guarantee the party concerned. And evidence exchange system is established to guarantee the party concerned under management and direction from judge. Then, combined with the practice in our country and experience overseas, propose the suggestion of reform and improvement of evidence systems in our country. For example, lesson the investigate responsibility of court, strengthen management of evidence investigation, establish investigation system, written form search system, confidential system, etc.