The Practical Obstructions And Overcoming Of Evidence Exchange In Civil Procedure Law Of China

The evidence exchange system is one of the important system of civil litigation in our country,is also an indispensable part of pretrial procedure.The operation of the evidence exchange system has important significance for fair justice,protecting the parties litigation rights and improving the efficiency of lawsuit.Although the Naissance of evidence exchange system was already a long time,but the evidence exchange system in practice is still perform poorly.This article through to the research of evidence exchange system operation practice,combining with the analysis of the corresponding legislation,finding the obstacle of our country evidence exchange system,and carrying on the cause analysis,puting forward the improvement of the corresponding countermeasures.The First Chapter analysis is the practice operaton of our country civil evidence exchange.First starting from the practice of the evidence exchange evolution,analysis of the evidence exchange since the birth of the whole running status,combined with the change in the legislation and practice to explore the influence factors of deep changes.The Second Chapter is the study of the analyzes the causes of our country civil action evidence exchange of practical obstacles.This chapter is divided into three parts,the first part analysis the evidence exchange system and the civil procedure law conflict;In the second Part analyzes the legislative defects of evidence exchange system.The third part explore the civil trial management mechanism obstruction of evidence exchange system.The Third Chapter is the study of the evidence exchange system institutional approach to the practical obstacles.This part focuses on the practice of the evidence exchange system obstacles,and proposes the corresponding perfect opinions,mainly includes:improve the civil action evidence exchange system,perfecting the civil procedure law of the relevant policies and procedures,perfecting civil trial management mechanism.