Study On The Evidence-exchange System Of The Civil Procedure Law Of China

As an important aspect of the Evidence-exchange system of the civil procedures in China, it plays an active role in the litigation clear, two parties' relationships, finding dispute focuses, and improve the proceedings and the protection of judicial impartiality, etc. Since China Law Civil Procedure Discovery System has many imperfections, such as general legislation, humble, and the lack of relevant supporting systems, and it is affected by judicial practice of the inquisitorial model, operating environment, people's attitudes in civil litigation and trial practice many restrictions and affect other aspects of the system,so that the role is also unsatisfactory. Article on system of analysis and research, comparison of Anglo-American law system and continental law system, related laws and regulations, with our Evidence-exchanges system related problems existing in the legislative and judicial level, in order to perfect our Evidence-exchange system and give some reference suggestions. The thesis has be incorporated by 4 Parts to discuss.Chapter one briefly introduces the concept, value function and principle of the Evidence-exchange System.Chapter two analyzes the Discovery system in Britain, the United States, Germany, Japan, in order to our perfect evidence-exchange system.Chapter three elaborates the present situation of the system of evidence-exchange in China with some methods, such analyzing legislation, questionnaire, statistical data. The problems and deficiencies of the existing problems are analyzed by the way of enumeration.Chapter four tries to give some suggestions about making the rules of the Evidence-exchange system in China. And trying to establish the rules of it. as well as the implementation of it. And it provides a reference for the exchange of evidence.