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Regulate The Spoliation Of Evidence In Civil Litigation

Posted on:2015-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhouFull Text:PDF
GTID:2296330476452386Subject:Law
Abstract/Summary:PDF Full Text Request
The spoliation of evidence is a kind of dishonest,injustice behavior in civil litigation.It constitutes a major threat to litigation rights on the parties, the case facts and the referee fair.Whether civil litigation theory and judicial practice, countries are committed to set up the legal regulation measures to eliminate obstacle to lawsuit proof activity, to discover the real case, relief damaged right of the parties.The article start with the present situation of the regulation that spoliation of evidence in our country,combine with the related provisions of major countries and regions in the civil law system as well as the common law system,conclude and comparative analysis the theoretical basis,regulation measures and supporting mechanism of spoliation of evidence,finally locate in improve the regulation that spoliation of evidence in our country.The article is divided into four parts:The first part analysis current situation about spoliation of evidence in our country,from two aspects of existing regulations and judicial situation.It first sort out the legislation in our country.Secondly,using research method of positive jurisprudence, combined with the related cases,explain that situation in litigation practice.Finally,through the comparative analysis of the legislation and the judicature, concludes the existing problems.The second part discusses the reason for regulating the spoliation of evidence from the theoretical level.First,inspect the relevant theory in the civil law and the common law.Secondly, compare analysis the differences and reason of that theory,and then determine the theory basis of spoliation of evidence in our country.The third part introduce the regulation measures and supporting mechanism of spoliation of evidence.Also uses the comparison research method,first inspect the relevant provisions in the civil law system and the common law system,further conclude the difference of two methods, finally determine the path choice of our country.The fourth part based on the problems at present in our country, put forward the perfect proposal about establishing system of spoliation of evidence.with the research idea of mechanism itself and the supporting mechanism. On the one hand,definite the range of spoliation of evidence,combined with general provisions and specific legal effect,enrich the regulation measures;On the other hand,perfect the relevant supporting mechanism,enlarge the methods of investigation and collecting evidence, to ensure the information equivalence,prevent the happening of the spoliation of evidence.
Keywords/Search Tags:Spoliation of evidence, Regulation measure, Evidence collection, Burden of proof
PDF Full Text Request
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