Civil Litigation Proof Hinder System Research

In the process of traditional civil litigation,the parties in order to obtain the oneself most favorable verdict waging fierce confrontation,the parties will end at this time all can obtain the certificate data and used up all the way to achieve that.One of the parties must bear the burden of proof in support of their claims to provide evidence to prove it,if the evidence provided can not meet the judge's heart sure to make the case facts apocryphal,should bear the adverse consequences of losing.At the same time,the person who is not responsible for the burden of proof should also provide evidence to strengthen the testimony of the judge in order to strengthen the confidence of the judge.This is a more ideal allocation of the burden of proof,that debate,in this mode,both parties equal,close to no intervention,using it to master all the evidence to support his claim.But in judicial practice,the evidence material by both parties is not always equal to master,most of the more common is the evidence material is held in one of the parties or one party is more convenient and close to the evidence material,the uneven distribution of evidence materials.In the present,the evidence material distribution is unevenly distributed in the present day,the most typical disputes such as doctor-patient disputes,labor disputes and so on.Along with our country reform of civil trial way and the continuous development of the rule of law,the people's legal consciousness gradually improve,in the lawsuit litigant's main body status,the antagonism between the parties is more intense.In pursuit of the maximization of self-interest,in the proof,tend to be one of the parties to destroy,concealing evidence or ways to interfere with the other party refuses to put forward evidence proof activity phenomenon,this phenomenon is the proof.This improper behavior not only deprives the parties equality approach and using the data of litigation,and interfere with the court case the influence on the judgment of the authenticity of the impartiality of the case results.Prove that hinder Actions that harm the interests of the parties also hinder the implementation of the principle of honesty and fairness.Thesis mainly to prove that hinder to carry out,the main content is the basic question is to prove that interfere with the system,which elaborates the connotation and legal basis,further to prove that interfere with the behavior of constitutive requirements and legal consequence are introduced,and briefly in this paper,the case analysis prove that hinder system in our country's present legislation and judicial status,the last part of it is to prove that behavior is found reasons put forward some proposals to perfect prove that hinder.Thesis mainly uses the literature material management analysis method,comparison research method and case analysis method to prove that the research of behavior and prove that impede the system analysis.Paper in main purpose is to understand our country prove that interfere with the system under the premise of a series of problems,analysis shows that hinder the reasons of the existence of behavior,and put forward the perfect our country prove that interfere with the system suggestion.In our country,there is a growing number of lawsuits,and the evidence hinders the more rampant behavior,and I hope that I can do our little bit to prevent the improvement of the system.