Research On The Spoliation Of Evidence Syetem In Civil Litigation

In civil procedure,the parties there is often imbalance in the the economic strength the capabilities of evidence gathering, then they are in imbalance to have the materials of evidence.How many evidence material to master is the key to the success of civil procedore, in order to work out how to protect the weak party in the procedure, to reduce the unfair phenomenon between the parties.The law thorist begin to research the thery of spoliation of evidence.The concept of spoliation of evidence is that a party intentional or negligent distroys or hide a piece of ecidence for the purpose of obstructing the use of such evidence by opposing party.In reality, due to the uneven distribution of the material of the evidence, the party who bear the burden of proof lose the lawsuit become more and more common.. By constructing the system of spoliation of evidence, to balance this injustice caused by the uneven distribution of the evidence, to achieve the purpose of judicial impartiality.The text of this paper is divided into four parts,including the basis content of spoliation of evidence system in the civil procedure and its historical development and evolution,the spoliation of evidence in the civil procedure to prove the constituent elements and the legal consequences extraterritorial experience of the spoliation of evdence system in the civil procedure, defects and their transformation of the spoliation of evdence system in China’s civil procedurec.The first part described the basis content of spoliation of evidence system in the civil procedure and its historical development and evolution.Through the presentation of spoliation of evidence to the definition of extraterritorial and our academia and profound grasp of the spoliation of evidence to the content, in order to prove the constituent elements of the obstruction and the legal consequences of laying the ground work for later analysis.Then introduced to prove the poliation of evidence system to the historical development and evolution spoliation of evidence system as a whole have a more profound understanding.The second part deals with the spoliation of evidence in the civil procedure to prove the constituent elements and the legal consequences.In the Elements section, it includes the subject element,the subjective elements,the object element,the objective element.In terms of the subject element,whether the parties or third person can constitute spoliation of evidence, in which the parties, including live the burden of proof of the parties and the parties out of the burden of proof.Subjective element, intentional and negligence can constitute spoliation of evidence, negligence including gross negligence and light fault.On the elements of the object, including not only instruments and inspection of the subject matter should also be extended to witnesses and party statements.The objective elements are relatively complex, including the behavioral elements, the result elements of the causal elements.Part of the legal consequences, including a free evaluation of evidence, the lower standard of proof, the conversion burden of proof, the application of these three legal consequences has its advantages and there are some shortcomings and defects.Because the proof of the legal consequences of the obstruction is to build a key link to prove that anti-regime scholars has been the existence of a dispute the multitude.The main body of the third part discusses extraterritorial experience of the spoliation of evdence system in the civil procedure,Introduced the legislation in Germany, China’s Taiwan region, China and the United States.Germany are discussed in terms of a combination of legislative and judicial,Japan from the type of behavior and free evaluation of evidence to combine aspects of discourse,China’s Taiwan region from the procedures for the protection of the rights and freedoms of evidence to the integration of discourse,The United States from the program control with the combination of a variety of regulatory and other aspects are discussed.These countries legislation and judicial practice of civil litigation in China prove that hinder the system’s build some reference significance.The body of the fourth part deals with defects and their transformation of the spoliation of evdence system in China’s civil procedurec.This section first describes our country to prove spoliation of evdence to the status of the system,And analysis of the spoliation of evdence to the characteristics of the system in the Legislative, and the form of case to explore our country to prove that the plight of the existence of spoliation of evdence to the system in the judicial practice.Finally, China’s legislation on the defect to restore equity-based, making punishment subsidiary legislation guided by the principles to improve our regulation that impede the legal position is perfect proof of prejudice to the composition of the system elements and improve our prove prejudice to the system of legal the consequences of three aspects to build China’s proof of prejudice to the system.