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Research On The Evidence Exchange System In Pre-trial In Civil Action

Posted on:2017-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q PanFull Text:PDF
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Chinese civil pretrial evidence-exchange system after the expiry of the reply period, before the formal trial, pretrial procedure consisting link court under the auspices of the parties to participate, in order to fully demonstrate the evidence and indisputable point, finishing with an initial fixed core support, incidental taking of evidence term loss of the right to define the evidence of the effect of the program, aimed at improving the quality of the trial and justice. Which from the 16 th century British Equity, after the establishment of the development in the United States, initially to address the judicial proceedings brought by the concept of athletics raid phenomenon of mind. The modern discovery under the common law is already a mature and stable system, because it has a unique value, other civil law countries have gradually transplant and covered inquisitorial color, forming another model of the Evidence Exchange System. Although they are different styles, but on the whole, gradually appeared a kind of learn from each other, mutual integration trend. In comparison, there are more fuzzy rules in the system itself of the evidence exchange, the system function is set and the legislature appeared misplaced expectations, lack of logic in the convergence program associated with the institutional environment, but also have been from the external environment lawsuit cultural influences. In addition to the problems exposed, with the recent pre-trial conference in the court system reform posts around the court in full swing, as well as February 4, 2015 proposed of "pre-trial conference" from the<Supreme law on the application of "Civil Procedure Law" interpretation >, all put forward a new train of thought for the trial structure reform under the new situation and on the development of evidence exchange system.This paper analyzes the overall pretrial exchange of evidence, and make a constructive design of the system. The main part of the paper consists of four chapters altogether, the first two chapters focus on the use of historical analysis and comparison from the origin to the concept and the system of two legal inspection mode: The introduction of evidence-exchange system is based on the discovery of evidence, and the combination of "rules of evidence" in the core six drawn; By exploring these links associated program logic functions, such as the prosecution and defense, evidence collection, evidence time limit and even the pre-trial conference, assigned to the system function with a reasonable expectation; By analyzing the scope of disclosure of evidence, evidence collection methods, the way the exchange of evidence, and the judge ordered sanctions, the two models give a demonstration. The third and fourth chapters will lead back to the line of sight of the system itself, ask questions and solve problems. It should be appreciated that the exchange of evidence has been established in China. But from the perspective of four(Including legislative system of rules, procedures operating mechanism, system configuration function, litigation and cultural background) to the conclusion that, evidence exchange have a deep, serious problems. In particular, In the design of the system, there is a misalignment between the rules of procedure and is expected to form the system function;In practice, there is no uniform, standardized specific operating rules,for most cases do not have the universality. For these more prominent issue, the reconstruction of the Evidence Exchange System must to be followed by the development trend after the revised "Code of Civil Procedure". For example, making the "pre-trial conference" inserted between the exchange of evidence and the formal court; Taking into account the best ratio mode judicial officers and support staff posts court system reform, set assistant presiding judge for the exchange of evidence, and resolve conflicts between the proof limitation and evidence exchange. To reconstruct a evidence-exchange system which suitable for China, in line with the requirements of sustainable development pretrial.
Keywords/Search Tags:Civil litigation, Evidence exchange system, Discovery, Pre-trial Procedure
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