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Resaearch On The System Of Spoliation Of Evidence In The Civil Procedure

Posted on:2018-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:T Q XuFull Text:PDF
GTID:2346330542968662Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In civil lawsuits,it is a serious threat to the discovery of the facts of the case,fairness of litigation rights of the litigants and fairness of the final judgments,which proves that the obstruction is the impropriety acted by the perpetrator.Whether from the theory of civil litigation or practical session,countries are committed to legislation to eliminate the litigation to prove the negative impact of its activities to restore the true case,the right to damage the parties relief.This article starts with the basic connotation of the proof of the obstacle,analyzes the present situation of the legislation of our country with the relevant provisions of the extraterritorial proving obstruction system,and finally settles on the completion of the proof system.The article is divided into four parts:The first part of the article is from the civil litigation proof to hinder the basic connotation of the analysis.First of all,through different theories to prove the concept of proof to understand and to distinguish between the three major procedural law to prove the difference between similarities and differences,in order to understand what is civil action to prove obstacles.Secondly,through the detailed analysis of the constituent elements and the full understanding,a more in-depth understanding of the civil litigation proof system.At the end of the paper,the author points out the differences of theory foundation theory and the theory of law effect,and summarizes them through different viewpoints,which provides a theoretical basis for establishing the system of proof obstruction in our country.The second part of the article analyzes the extraterritorial proof obstruction system.In this part,through the proof of Germany,the United States and the Taiwan area of our country,we try to find out the difference between the proofs of the mature system and the legislation system.The third part of the article to analyze the status quo of China's system to prove obstruction.This paper analyzes the legislative provisions of the amended Civil Procedure Law of the People's Republic of China and the Interpretation of the Civil Procedure Law of the People's Republic of China in 2015 and affirms the improvement of the progress of the system.At the same time,it points out the shortcomings of the legislation.The fourth part of the article is a combination of China's current stage of the problems for our country to improve proof of obstruction of behavior regulation recommendations.On the other hand,the relevant measures should be perfected so that the system can be more rationally applied in judicial practice and its effect can be better realized.On the one hand,On the other hand,improve the relevant system to ensure that the system in the judicial practice can be reasonably applied.From two aspects to improve,so as to play a role in the system to prevent obstruction,and then achieve justice.
Keywords/Search Tags:Proof of obstruction, The burden of proof, Proof elements
PDF Full Text Request
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