The Study On Regulation Of Spoliation Of Evidence In Civil Procedure

In today’s "civil litigation explosion" era, facing the complex litigation disputes, a sound litigation mechanism is an essential condition to ensure the realization of the value of litigation. With China’s increasing emphasis on the dominant position of the parties, when some parties are positively fulfilling their own burden of proof, they often implement some specific behaviors in order to obtain some improper benefits, which obstructs the opposite party’s fair use of the evidence and then damages the interests of the opposite party. So, establishing the system of regulation of spoliation of evidence in civil procedure is especially important. The establishment of this system can not only safeguard the legitimate rights of the parties, ensure the justice of judicature, but also can optimize the allocation of the resources to reduce the burden of the investigation and evidence collection for court. In allusion to the thesis, this paper is divided into four chapters to discuss this system of regulation except the introduction and the peroration. The first chapter is about the overview of the system of regulation of spoliation of evidence, which mainly discusses the concept, the constitutive requirements, as well as the legal basis of regulating spoliation of evidence. The second chapter mainly introduces what relevant provisions the main representative countries of the two legal systems, the United States, Germany, Japan and China’s Taiwan have made, and analyses their similarities, respective merits, and their existing problems in these countries from a comparative law perspective, which may be beneficially referenced when we improve our system of regulation of spoliation of evidence. The third chapter mainly discusses the evolution and the current situation of the system of regulation of spoliation of evidence in civil procedure in our country. First of all, briefly discuss the development of legislation of the system of regulation of spoliation of evidence in China. Secondly, analyze some problems existing in China’s current system of regulation of spoliation of evidence. Finally, analyze the reasons why these problems exist. The fourth chapter is about some measures to improve the system of regulation of spoliation of evidence in civil procedure of our country. Based on the three chapters above and combined with the problems listed, this paper puts forward some concrete suggestions on the perfection of this system.