Evidence In Civil Proceedings Exchange System

Evidence exchange system,originating from Discovery in Common Law System,is an important part of civil pretrial procedure. It has much importance to realize litigation justice and improve the efficiency of the civil trial. The Highest People's Court promulgated the Relevant Regulations on Civil Litigation Evidence (hereafter as the Regulation on Civil Litigation Evidence) and established the evidence exchange system to further implement the civil justice procedures. But because of the imperfect of the interrelated regulations, evidence exchange system did not come to its purpose completely in the judicial practice. Many close attentions have been paid to the improve of evidence exchange system along with the reform of civil procedure in our country. The thesis set about from the basis theory of evidence exchange institution and review the process of its development. By comparing the evidence systems overseas and the finding of its deficiency, the writer put forward the suggestion to improve the evidence exchange system. The thesis has been incorporated by 6 parts, including preface, four chapters and epilogue.Chapter one clarifies the concept and characteristics and explores its origin. The system is designed to counterattack evidence sudden attack, litigation delay, low efficiency, high cost etc. Therefore the system aims at realizing litigation justice, overcoming litigation delay, reducing litigation cost and accelerating settlement. And the value orientation of establishing evidence exchange system is justice and efficiency .Besides, the chapter briefly introduces the relations between evidence exchange system and the interrelated systems.Chapter two recalls the legislation process of evidence exchange in our country, analyzing the regulations on civil litigation evidence. The author point out the reason why evidence exchange system did not come to its purpose is that the problem with the regulations , the problem with the systems of civil procedural and the problem with the legal system and institutions .Chapter three aim at the three reasons that affect the evidence exchange system. Through comparative analysis of method, the author analyzes the regulations of evidence exchange system of the United States, Britain, Germany and France.Chapter four put forward the basic principle of evidence exchange system. Thus a series of ideas have been expatiated on legal subject, range, time, mode, and exercising procedures to perfect the current evidence exchange system. In addition, the author brought forward several suggestions to set up and perfect evidence collecting system, mandatory wrangle system and consummate the evidence time limit system which have close connection with evidence exchange system.