Legal System Of Exchange By The Civil Evidence

With the development of society, the increase in cases, one-sided pursuit ofjustice, ignoring the efficiency everywhere, so not only result in waste of judicialresources, caused tremendous psychological burden to the party, a growing number ofacademics and practical work tend to establish legal real proof of the target mode. Thelegal reality is not objective truth, only on the basis of existing evidence to thegreatest degree of close to objective truth. Evidence of exchange of the mostprominent features of the system is to collect evidence, exchange of evidence, it isfound that an important channel for real. Therefore, the evidence exchange systemwill help to establish legal proof of the target mode in China.This paper discusses the Civil Evidence Exchange System Legal Issues of thefollowing four areas:The first part is an overview of the exchange system of the Civil Evidence, fromconcept, content, feature, function, four aspects of the Civil Evidence exchangeanalysis and appraisal.The second part is the extra-territorial system of the Civil Evidence exchangevisits and exchange of evidence itself grew out of the Evidence Discovery System,Evidence Discovery system this should be a program that is unique to common lawcountries, but with the globalization of the proceedings trend increasingly widespreadall countries learn from each other in mutual influence, the United Kingdom and theUnited States under the influence of the Evidence Discovery System was accepted bymany civil law countries, and into their own civil procedure or evidence system.Comparison of common law and civil law evidence the same and different points ofdiscovery system, through inspection of extraterritorial evidence discovery system, infavor of discovery system to learn from China’s extraterritorial evidence.The third part is the initial stage of the Civil Evidence of China’s exchange system established in three stages namely, to appear in court to attach importance topre-trial phase from one step to formalize the exchange of evidence stage of thesystem described, and exchange problems in our country at this stage the CivilEvidence list, only a clear understanding of the problem, can be targeted to furtherimprove the pre-trial procedures, including the exchange of the Civil Evidence.The fourth part is a concept of the exchange system for the Improvement of CivilEvidence, the idea from the perfect evidence of the principle of exchange system, twoaspects to improve the design of the program of the Civil Evidence exchange systemdescribed, indicating the establishment of rigorous evidence to the exchange systemChina’s significance.