Research On The Obstruction System Of Evidence In Civil Proceedings

The starting point and objective of civil proceedings is to find out the facts of cases, and all activities in civil proceedings are based on this. The key to achieve this is evidence, which is the basis of judgment. Evidence includes three parts, self-holding, hold by the other party and hold by the third party. Therefore, the plaintiff and defendant in civil proceedings should obtain the fair opportunity and means to collect evidence. However, the action of obstruction of evidence occurs occasionally in judicial practice, and it's not paid enough attention to. Although there are some provisions on the obstruction of evidence in legal and judicial interpretations, and the judicial interpretation of new civil procedure law increased two provisions on implementing the obstruction of evidence to the documentary evidence in 2015, there are still some loopholes and deficiencies in these regulations, which can not effectively regulate the obstruction of evidence in civil proceedings. Therefore, it has become an urgent problem to be solved for judicial theoretical and pragmatic circles to improve the legal system of obstruction of evidence, establish effective legal system of obstruction of evidence.This paper discusses the concept, theoretical basis, constitutive elements and legal effect of obstruction of evidence by comparative research method and social jurisprudence method, system research method. It also draws inspiration by comparing the system of obstruction of evidence in Germany, the United States and Taiwan Province of China, recognizes the problems and deficiencies in current system of obstruction of evidence, and puts forward some suggestions.