Research On Spoliation Of Evidence System In The Civil Procedure

With the deepening of the reform of civil trial mode in our country and thedevelopment of the rule of law, the court’s power is fading and the position of the partiesis strengthening. In the emphasis on the burden of proof and the principle of debate, theantagonism between the parties are also more intense. In order to maximize their owninterests, the phenomenon that one of the parties prevent the other side from provingthrough the methods such as destroy evidence, hide evidence and refuse to produceevidence appear frequently, which is known as the spoliation of evidence. Because thesebehavior affect the exercise of the right to prove of the other party, damage the state ofequality between the parties and violate the fair idea, the regulation and specification tothese behavior though the spoliation of evidence system is necessary.In this paper, the methods such as system analysis, comparative research andempirical research are used. First, this thesis would introduce the basic content such asthe concept and constitutive requirements of the spoliation of evidence. Then I will findthe legal basis and legal consequence of the spoliation of evidence that accord with ourreality by introducing the situation of the civil law system and the common law system.Finally, concrete suggestions will be put forward on the basis of analyzing the shortageand current situation of our spoliation of evidence system.There are five chapters, excluding the preface and conclusion.The first chapter is about the summarization of spoliation of evidence system. This chapter defined the definition of spoliation of evidence on the basis of introducing themain ideas of the scholars at home and abroad firstly. After clearing the definition, thischapter elaborated the constitutive requirements of spoliation of evidence from fiveaspects include the premise condition, the subject element, the object element, thesubjective elements and the objective elements.The second chapter is about the punishment of spoliation of evidence system. Thesituations that the party not holding the burden of evidence destroyed evidence, hidevidence or refused to produce evidence are the exercise of the right of disposition.Sufficient legal basis and legal consequence of spoliation of evidence are indispensable ifthe court will give negative evaluation to these actions and restore the fairness betweenthe parties by adjusting the verdict.The third chapter is about the current situation of our country’s spoliation ofevidence system. This chapter introduced the current situation from two aspects includinglegislation and judicial. In terms of present legislation, the main content is to analyze theshortcomings of the existing legislation of our country on the basis of combing thelegislation history of spoliation of evidence system. At the same time, the relevantprovisions of the civil procedure law revision in2012would be analyzed. In terms ofpresent legislation judicial, the main content is to inspect the behavioral pattern inpractice combined with specific cases and find the reason of spoliation of evidence.The fourth chapter is about the suggestion of our country’s spoliation of evidencesystem. Concrete suggestions are put forward in this chapter according to the shortages ofour legislation and the relevant experience abroad. First of all is to provide the obligationpremise through setting the evidence preservation obligations. On the choosing oflegislation model, the form of combining with general provision and separate provisionswould be taken. Then the legal consequence would be introduced from two aspectsincluding public law sanctions and private law sanctions. Finally, this chapter made atyped analysis of spoliation of evidence system aimed at eight kinds of evidence methodof our country.