Study On The System Of Civil Evidence Discovery

Discovery is an important system in civil procedure of Common law countries and it plays an irreplaceable role therein. With the reforming of our civiljudicial 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. Our current system of evidence disclosure only imitates discovery roughly.This paper contains 4 parts, which is around 33,000 wordsIn the first part, it talks about the basic content of discovery, which including meaning of discovery, procedure of establishment and discussion on the value and disadvantage of discovery.In the second part, the author 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 details of the discovery in western countries .In the third part, introducing system of evidence disclosure, comparing our system with discovery, indicating the shortage of our system.In the last part, the key point is making construction on our discovery and doing systemic discussion. The thesis, based on the comparation of the discovery in western countries, provides suggestion on our country's discovery in details.