Chinese Civil Litigation Evidence System

Discovery of evidence system originated in common law countries, later accompanied by judicial practice and the theory development can gradually improve. Since the nineteen seventies the countries of continental law system began to undertake civil litigation system reform, they draw lessons from the countries of Anglo-American law system about program settings of evidence discovery system or evidence collection system, which is the most representative of Germany and france. In modern society, Society on civil subject rights protection and judicial impartiality requires more and more high, our country also start civil trial reform step by step.The establishment and improvement of evidence disclosure procedure becomes an important content of the project. The discovery of evidence system is conducive to finding out the facts of the case, help to improve the benefit of litigation procedure setting, to realize procedure justice. Improve the evidence system is also more conducive to optimize the way of settling disputes.Some disputes in court have more method to solve and reduce the judicial resource consumption. In2001,the Supreme People’s Court issued new evidence regulations, which further determines the litigant rights, compared to China’s traditional regulation.It has significant progress, but this provision still lack specific security methods、integrity and the coercive effect. Therefore it is necessary for our country to draw lessons from foreign successful experience.This text is divided into four parts except the introduction:The first part is the civil action evidence discovery system of value. In this part, the author discusses the civil litigation evidence system of justice value, efficiency value and benefit of the China s civil trial reform target. Through the analysis of the evidence discovery system of value, to lay the theoretical foundation of analysis.The second part is the two big legal system country evidence discovery system inspection. Through the analysis of the United States, Britain, France and Germany the evidence discovery system of content,and the two major legal systems of the evidence discovery system similarities and differences were compared. The purpose is to construct perfect evidence discovery system provides good experience for our country.The third part is the evidence discovery system in our civil procedure and the lack. Analysis of Chinese evidence system in the development process, we can study our country present insufficient basis. Analysis of China’s evidence discovery system problems, mainly to construct reasonable evidence discovery system to provide advice for our country. The fourth part is to improve our civil litigation evidence system countermeasure. In this part the author draws lessons from foreign developed country.The way of improving the content mainly includes the starting of civil action evidence discovery program, the status and role of judge on the discovery procedure,evidence collection rights, violation of evidence demonstration program and the legal environment improvement of evidence discovery system.