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Research On Obligation Of Documents Providing In Civil Litigation

Posted on:2018-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z J LinFull Text:PDF
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It is a vital approach for the litigants to gather evidence by fulfilling the obligations of providing documents,which is not only a logical outcome of dialectic,but a reflect of modern development of purposes to civil action,and meanwhile the embodiment of integrity.The legal system for documents providing based on the rights of proof,plays a vital role in the equality of weapons,discovery of truth,centralization of trials and the realization of equality.China has primarily set up a legal system of documents providing by explaining in 2015 the application of Civil Procedure Law of the People’s Republic of China(hereafter referred to as Explanation of Civil Procedure Law and Justice Law),setting up the Civil Procedure Law of the People’s Republic of China 2012(hereafter referred to as Civil Procedure Law)and Supreme People’s Court’s Several Rules on Civil Procedural Evidence,2001(hereafter referred to as Explanation of Rules in Civil Evidence)and so on.However,it is still faced with difficulties in judicatory practice,due to the lack of systematization of judicial interpretation,basic logic premise and related supporting system to enforce the laws.The aim to analyze this system is to improve and perfect China’s system of documents providing and maximize its timeliness,by comparing the documents providing system in countries and areas using civil law system with the evidence statement system in the countries and areas using common law system and fully understanding and learning from relative systematic theoretical basis and mature legislative skills.In China,it is a must to improve and perfect the documents providing system by setting up bounding debate principle,clarifying and refining its range of application,applicable procedures and consequences of violation of law,and a complete set of rules,so as to secure litigants’ rights of collecting evidence,which contributes greatly in the stable development of civil action and meanwhile response to and meet the basic demand of the society.
Keywords/Search Tags:Documents, The Obligation of Documents Providing, Discovery of Truth, Evidence Collecting
PDF Full Text Request
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