Research On Evidence Exchange System Of Civil Litigation In China

Evidence Exchange System, as an important system of Civil Procedure, is an integral part of Pretrial procedure. For the establishment and use of judicial proceedings notary, protection of the rights of the parties and judicial efficiency, it plays an important role. But there are a lot of problems about our evidence exchange system in the legislative level and the judicial level. This paper examines the deficiencies of this system, and put forward relevant proposals. This paper consists of four parts, now I will elaborate the primary coverage of each part.Part one is a brief introduction about our Evidence exchange system. Regardless of the field of academia or the practice, the need for the establishment of the evidence exchange system has been reached, the author only introduce the concept and function of this system.Part two examines the discovery system in common law and civil law countries. Such as the United States, Britain, France, Germany and Japan. Analyzing the similarity and difference of discovery system between the two legal systems.The third part describes the content of the evidence exchange system from the actual of our legislative and judicial. From comparing the Evidence exchange system in China with discovery system in other countries, the author explore the inadequacies of evidence exchange in legislation, judicial practice and the protection of supporting measures and so on.On the base of the above analysis, the author proposes some measures to improve the Evidence exchange system in part four. Clearing the scope of application of this system, the evidence which can not be exchanged, the legal consequences of the violation of Evidence exchange. The author supposes that we must establish a mandatory respondent system, improve the evidence collection of the parties to ensure the exchange of evidence in the operation of the system can achieve good results. Finally, based on the above analysis and elaboration, putting forward a number of legislative proposals of exchange system.