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On The System Of Exchange Of Evidence In Civil Litigation

Posted on:2011-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:S S PengFull Text:PDF
GTID:2206360305998374Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence exchange originated from the Discovery of the British legal system and gradually became an civil pretrial procedure of great importance. The evidence exchange system is important in evidence collection and preservation, preventing unexpected evidence; ascertaining facts, fixing up disputes, enhancing trial efficiency and promoting reconciliation of disputes.In 90's our country has started the civil judicial reform, one guiding principle of which was to put more attention to the trial. Many districts followed to present new trial modes pursing to achieve a goal in one leap. It turned out that neglecting the value and function of the civil pretrial procedure especially the evidence exchange system led to long trial process and low trial efficiency. In 2001 the pretrial evidence exchange system was established by the issue of the "Some Provisions of Supreme People's Court on Evidence in Civil Procedure" which made specific prescription on evidence exchange. However, as for civil pretrial evidence exchange system, there are still some flaws in legislation, legal environment as well as practical operation.In the first chapter, the thesis started from the basic theories of the evidence exchange system and studied its concept, legal basis, value and function. In the second chapter, the author 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 and made deep comments on the similarities and differences between them. The last two chapters reviewed the civil pretrial evidence exchange system in China and brought forward several suggestions on concrete content and relevant complementing systems, in order to perfect civil pretrial evidence exchange system in China.
Keywords/Search Tags:Civil procedure, Evidence exchange system, Discovery
PDF Full Text Request
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