On The System Of Obstruction Of Evidence In Civil Procedure In China

In the current civil litigation mode,the parties concerned is submitted to the main body of evidence collection,in order to achieve the purpose of winning,it is likely to interfere with each other to collect evidence submitted.In real life,the evidence does not necessarily exist under the dominance of parties,are likely to exist in the case outside the hands of a third person,based on some sort of purpose,the third person also is likely to be refused to submit.In the process of litigation,in addition to a direct interest with the litigation result of both parties and in the middle position of the judge,there are other participants in the proceedings of this kind of main body,in order to seek some kind of interests,the witness may commit perjury,an appraiser may do false opinions,inspection personnel may also be making false report of inspection.So the parties and the parties are likely to implement in the lawsuit to prove that way.The parties and other participants in the proceedings and in the third person prove that interfere with the behavior,not only makes the parties not equal to use the evidence material,also can cause the uncertainty of the court ruled that the case facts and the accuracy.Prove,in other words,not only impede the proof of the parties rights,also hinders the judge's judicial jurisdiction,so shall be for the prove that hinder the law regulation.Throughout the rest of the world developed country or region under the rule of law,both have perfect prove that interfere with the system,both in legislation and practice of the development of more mature.About that impede research starts late in our country,although there are provisions in legislation,but more holes.And practice prove that interfere with prominent,especially after the "new action","evidence of partial in" the phenomenon is serious,the chances of getting more big proved to interfere with.So,build a systematic proof of block system is particularly important.The central question of this study is through the analysis on the legislation in our country at present about prove that embodied the obstruction of system and the existing limitations,this paper studies the development and improvement of the system.From the constitutive requirements and legal effect,procedure guarantee andsupporting system four aspects discussed.This article first from that interferes with the definition,function value and the legal basis for the three parties face proved that hinder made simple introduction,after the results of other scholars analyzed,combined with the practice of our country,defined the connotation of the prove that hinder,for below laid a foundation for further research.After the concept to define,and expounded from two aspects of function value and the legal basis for regulation that interfere with the meaning of,to prove the improvement of the block system provides the legal justification.After the relevant article introduces the basic knowledge for the regulation of our country in the legislation about prove that hinder discussed,through the analysis of the current system of civil litigation in legislation about that hinder the limitation to improve the system of the below the seeds.At last,through the improvement of the constitutive requirements,the perfection of the improvement of the legal effect,the application mechanism and the improvement of the supporting system to illustrate the improvement of the system of civil litigation proof obstruction.This paper puts forward some innovative is consummates our country prove that interfere with the system point of view.In certificate hinder behaviors,to put forward by the evidence obligations in violation of the premise;In sanctions that hinder behaviors,to adhere to the sanctions of public law nature combined with the nature of private law sanctions;In adverse consequences imposed a hamper others,should fully protect the interests of its program;In perfect prove that interfere with the system,should also improve the corresponding supporting system.