Civil Exchange System Of Pre-trial Evidence

Evidence exchange, originating from Discovery in Common Law System, is an important part of civil pretrial procedure. The establishment and improvement of civil pretrial evidence exchange system is of great importance in evidence collection and preservation, preventing unexpected evidence; ascertaining facts, fixing up disputes, enhancing trial efficiency and promoting reconciliation of disputes.Along with the reform of civil procedure in our country, pretrial evidence exchange system was established thereof. Implemented in April 1, 2002, "Some Provisions of the Supreme People's Court on Evidence in CivilProcedure" made specific prescriptions on evidence exchange in its thirdpart. However, as for civil pretrial evidence exchange system, there are still some flaws in legislation, legal environment as well as practical operation, and the improvement of this system is urgent. The thesis made a thorough comparison and appraisal to the evidence exchange system in Common Law System and Civil Law System by means of comparative, historical and conical analysis, with the result of enlarging pass ways to improve our evidence exchange system in China.The thesis composes of four parts: Preface, body, conclusion andreference. And the body is divided into four chapters:The first chapter is the summary of civil pretrial evidence exchange system. Starting from the origin of the system, the author summed up characters and types of the system on the basis of defining its concept. After analyzing the system's basic functions and values, a relatively through summary on the system was made.The second chapter is the introduction of evidence exchange system in countries of Common Law System and Civil Law System. The author took research on the legislation and judicial practice in countries of two main law systems, and made deep comments on the similarities and differences between them for the purpose of taking in advanced legislation and judicial practice.The third chapter reviews the civil pretrial evidence exchange system in China. Running back over the reform and legislation course, the author analyzed the relevant provisions in the "Some Provisions of the SupremePeople's Court on Evidence in Civil Procedure" as well as the operationinstance in judicial practice about the evidence exchange system. In comparison with the same one in Common Law System, the author pointed out the flaws which existed in our evidence exchange system.The last chapter is concerning the assumption to improve our civil pretrial evidence exchange system. On grounds of establishing the principles of evidence exchange system, the author brought forward several suggestions on concrete content and relevant complementing systems of the evidence exchange system, in order to perfect civil pretrial evidence exchange system in China.