The Research On Obstruction Of Evidence In Cilvil Action

With the transition of System of Civil Action and the reform of patterns of Civil Adjudication, it is more and more important on the effect of litigants in revealing case facts. The liability of litigants has been established in Civil Adjudication. The function of courts no longer takes on everything blindly. It has been transforming to reviewing and judging the evidences. The transformation has increased the burden of litigants' collecting evidences naturally. The litigants must get hold of more evidences for the benefits of themselves. Because of the opposite interests of parties, success in adducing evidence of one party means the other's failure. So a lot of litigants destroy evidence, hide evidence, distort evidence and obstruct the evidence in judicial practice. The article starts on a hard case in practice. And the author demonstrated theory of obstruction of evidence in its emergence, its constitutive requirements, its sanction grounds, its legal effects, its countermeasures and its improvements. The purpose of the article is seeking for the solution of how to deal with the hard cases. The author draw a conclusion that judges should use discretion on the basis of case facts.