The Evidence Exchange System Research

Evidence exchange system studied in this thesis is limited evidence exchange system of civil. The evidence exchange system is an important part of pretrial procedure. Establish and improve the evidence exchange system is conducive to collection and protection of evidence, fixing up disputes and promoting reconciliation of disputes. The Highest People’s Court promulgated the Relevant Regulations on Civil Litigation Evidence and established the evidence exchange system. But there are still some flaws in legislation. On the basis of this, we promote some relevant advice. The thesis has been incorporated by 6 parts, including preface, four chapters and epilogue.Chapter one outlines the evidence exchange system. First define the concept of evidence exchange system, summed up the evidence exchange system feature, then, using the method of historical analysis, introduce the history of evidence exchange system. On the basis of this, the author discusses the value and the function of evidence exchange system.Chapter two introduces the evidence exchange system of the United States, Britain, Germany, Japan and France. Analyze the similarities and difference of the Common law and Civil Law.Chapter three describes the development of china’s evidence exchange system, analyzed the relevant Provisions in the "Some Provisions of the Supreme People’s Court on Evidence in Civil Procedure". In recognition of its value, the system need to improved on the support of legal level、specific operational requirements, protection of the supporting measures.Chapter four put forward the improvement of evidence exchange system in china. Evidence exchange system should follow the party autonomy, reciprocity, honesty principle. In the specific system design, clear evidence of exchange host, relax the application of evidence exchange system, increase the way of evidence exchange, and improve the evidence exchange in violation of sanctions. In the relevant supporting system, to ensure that evidence-exchange system in operation can achieve good results, we should establish the respondent lost the right system, improve the evidence of loss of power systems, and strengthen the judge right to release...