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The Research Of Our Civil Litigation Pretrial Evidence Exchange System

Posted on:2013-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhangFull Text:PDF
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The system of evidence exchange is an important part of civil lawsuit system, it originated from Anglo-American evidence discovery system, as the civil pretrial procedure is an important content, the evidence exchange system in fixing evidence, finishing in the central issue, promote reconciliation has a very important significance. Review civil trial way reform path in our country, it can be seen in the denial of the traditional mode of trial under the lack of standardized procedures of pretrial preparation, establish not only reflect procedural justice and litigation efficiency can ensure the complete civil pretrial procedure has become a deepening of the reform of trial mode key, it is in common with the world development trend of civil litigation. As the civil pretrial procedure is an important part of civil pretrial evidence exchange system, the reform will decide the change of our traditional trial structure, for the construction of justice and efficiency of civil trial system has important significance. Although in2002the "Supreme People’s Court Regulations on civil action evidence" of the evidence exchange system has a relatively detailed provisions, the evidence exchange rules and ensure the respect such as the mechanism existence blemish, still need to perfect legislation, in practical operation, therefore, the article from the content of civil evidence exchange in many countries and base on the content of China’s evidence exchange system, aiming at the existing problems and explore something which suitable for China’s evidence exchange system, put forward the advice to perfect the system of the specific conception. The article mainly from the civil pretrial evidence exchange system and the meaning, origin and development and the functions, through the comparative analysis the evidence exchange system of USA, UK, Germany, France and Japan.Discussing the evidence exchange system in China’s current civil pretrial stage development present situation and the existing problems, and in this foundation,the author put forward the advice of the establishment of pretrial evidence collection system of our country civil pretrial evidence exchange system, strengthen the defendant’s plea system, perfect the judge right of evidence exchange system and the appropriate restrictions and protection of the content etc.
Keywords/Search Tags:Civil evidence exchange, Civil evidence discovery, Civil pretrialprocedure, The comparison and investigate, The vision of perfect
PDF Full Text Request
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