The Study On The System Of Evidence Spoliation In Civil Procedure From The Perspective Of Equality Of The Parties

Spoliation of evidence which is one of improper behaviors in judicial practice,specifically refers to the behavior that one of the parties or a third party outside the lawsuit sets up an obstacle to the other party 's proving activities before or in the lawsuit. The behavior directly violates the equal opportunity of the other party for using the data of the relevant evidence,and then leads to a proving deadlock for the case facts and ultimately affects the court finding out the case facts,and has the other party face a higher adverse risk in the result of litigation. In fact,the spoliation of evidence not only hampers the people's court discovering the real case,but also disturbs the order of the litigation and dues to the litigation delay,but the most important thing the spoliation of evidence brings about is that it destroys the equality of the offensive and the defensive between both sides and contraries to the requirement of equality of the parties.In view of this,the civil law of Germany, Japan,Taiwan has set up a corresponding system in the legislation to regulate the behavior.The research of our country in this aspect started lately,the theories didn't form a systematic coping mechanisms,the legislation is also imperfect.However,with the rapid development of economic society,a wide variety of the spoliation of evidence is constantly emerging in our judicial practice and continues to spread.But unfortunately,legislation' lag and the lack of theoretical research,makes the budding system of evidence spoliation in China show shortcomings of lagged development.The article puts forward some suggestions for the improvement of the system of evidence spoliation from the perspective of the equality of parties,it totally contains four parts:The first part is the general theory of equality of two parties and the spoliation of evidence.On the basis of simple introduction to the connotation of the principle of equality between the parties, further introduces the basic theory of the spoliation of evidence,it mainly includes the concept analysis,the cause analysis,the constitutive requirements.In the end,with the aid of the civil burden of proof and civil proof standard,combs the adverse effects which the spoliation of evidence brings to the equality of the parties.The second part is proved comparative study on the legal application effect.Inthe first,introduces the representative countries of two important legal systems in the regulation of the spoliation of evidence:to the legal effect of the continental law system,I adopt the model of theories adding legislative cases to introduce;to the common law system,I perspective the legal effect through the conclusion of the specific treatment way from the legal precedent which formed in The United States.On this basis, further summarizes the characteristics about applicable effect of the spoliation of evidence in the two law systems.The third part is the present legislation situation and evaluation of the system of evidence spoliation in our country.By interpreting the terms of the law on the system of evidence spoliation,as well as contrasting the related theoretical research and legislation of the two law systems from the second part,then concretely analysis the shortages of our present legislation from the perspective of the equality of parties.The fourth part is the specific measures to perfect the system of evidence spoliation in our country from the equality of parties,which includes the perfection of legislation and the relevant supporting measures.In terms of legislation,first of all,we need to clearly set up the value and add the general terms or conditions of the system of evidence spoliation,then,we need to start from the details of perfecting the constitutive requirements for enriching treatment methods, increasing terms such as protection of the rights to the intruder to improve the system of our country's civil for the purpose of realizing the equality between the parties. In the end,In view of the important value of the documentary evidence in the litigation,my article based on the referencing on the civil law legislation,gives the advice to perfect our ‘order for production of document' that our judicial interpretation adds.In terms of relevant supporting measures,it mainly perfects from two systems of civil burden of proof and civil certificate standard.