Research On The System Of Obstruction Of Evidence In The Civil Procedure

Obstruction of evidence in civil proceedings has become a universal phenomenon. As a kind of behavior to understand, it is a party to the other party forensics improper intervention or hinder; As a system of understanding, it is rendered by the court on the parties demonstrated activity in an adjustment, the violator shall bear the corresponding adverse consequences. The certificate shall be prevented from behavior subject, subjective elements, the behavior factor, elements of the results as well as the causal relationship between elements of the five aspects to consider, The five elements of organic unity, indispensable, and compare it with other legal distinction. The system of obstruction of evidence as a component of the law, it shall be with fairness and efficiency as its value pursuit, in order to better safeguard the party proved right and maintain normal litigation order. At the same time, justice and efficiency should be get rid of the disadvantages of legal system and promote the rationalization of its theoretical basis. On the basis of the traditional doctrine of debate, one of the parties are obliged to provide the other party with weapons, have no obligation self revealed unfavorable evidence. However, in violation of the theory of the system of obstruction of evidence is the proof for the existence of the cooperative system of lawsuit and the proof of the right to security theoryThe rule of law with the advanced countries and regions of the spoliation of evidence system in our country, the existing system of obstruction of evidence exists many shortcomings. For example, from the true sense of the standard proof handicapping rules legal order is very low, the spoliation of behavior responsibility distribution is not reasonable, The private law treatment attitude is not very scientific and legal technology exists blemish and so on. The situation is not conducive to safeguarding the rights of parties and normal litigation order maintenance. Accordingly, we urgently need to learn from the advanced countries under the rule of law and legislation in the areas of academic achievement and advanced experience to perfect our system of obstruction of evidence. As a result of obstruction of evidence act is the violation of public order, but also to the violation of the rights of private law, so In spite of the spoliation of evidence law sanctions is necessary, But in order to perfect the system of obstruction of evidence, be the first to bear the brunt of the spoliation of evidence should be to establish the scientific private treatment attitude behavior. But with what theory as to hinder behavioral law treatment consequences? Legislation in each country is different, theory circle unable to agree on which is right. Obviously, the reference to Japan and China’s Taiwan region will free heart certificate of proof theory as impeding the conduct of private treatment manner most science.For the effective guarantee the right to prove, maintain the normal order of litigation, fundamentally eliminate the obstruction of evidence acts, China’s civil litigation system should be injected into the fairness and justice, honesty and credit principle of blood, through education and ways to establish the integrity of the concept of fair lawsuit, litigation. Secondly, perfect the system of obstruction of evidence rules. From the rules specific to perfect the system of obstruction of evidence should be the system of obstruction of evidence in the form of law to be clearly defined, to enhance their legal position; At the same time, with reference to the advanced legislative experience abroad, establish attack means of balancing the research of legal relationship, so as to construct the system of obstruction of evidence. Finally, to establish and perfect the legal system of obstruction of evidence, the eradication of proof impediment caused soil, such as the establishment of pretrial evidence preservation system, perfect with the guarantee of the Party of the right to prove Forensics System.