Font Size: a A A

Of Civil Litigation Evidence Exchange System

Posted on:2013-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:H LuFull Text:PDF
GTID:2216330374458149Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Evidence exchange 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 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. The thesis set about from the basis theory of evidence exchange institution and review the process of its development. By finding of its deficiency, the writer put forward the suggestion to improve the evidence exchange system. The thesis has four chapters except preface and epilogue:Chapter One, to put forward the problem, The thesis has a deep analysis of the evidence exchange system. The system is designed to counterattack evidence sudden attack, litigation delay, low efficiency, high cost etc. 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 and Three, to analyze the problem, Combined with the latest amendment to the Civil Procedure Law (Draft), the thesis 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 foreign and Shenzhen's exchange system. Through comparative analysis of method, the author analyzes how to take the good regulations of evidence exchange system of the United States, Germany and Shenzhen.Chapter Four, to solve the problem, The thesis puts forward the ideas of perfecting the current 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. 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, also talking about how to accomplish the exclusion of relevant constraints.
Keywords/Search Tags:Evidence exchange system, The Civil Procedure, Evidence rules
PDF Full Text Request
Related items