On The System Of Evidence Exchange In Civil Litigation

Evidence Exchange System is an important part of Civil Procedure in the preparation before trial, its theoretical value and practical value have been fully confirmed, the evidence exchange system to standardize the judicial procedure and to protect the legal interests and under the premise of efficiency to ensure justice plays an important role. However, the exchange of evidence system in our country both in legislation and judicial practice, there are many problems. Considering the specific content and status to the evidence exchange system, analysis of deficiencies and problems, combined with the legal system of evidence abroad, and then puts forward some countermeasures to improve the evidence exchange system.This article consists of five parts. This article introduces the basic conception, the evidence exchange system in civil litigation function, all aspects of malpractice. Secondly, by using the comparative analysis method, analyzes the evidence discovery system of two legal representative countries, analyzes the operation mode of the two legal systems of the system, compared the two legal system of the similarities and differences, thus laying the foundation for the following suggestions. And then probe into the evidence exchange in China and the inadequacy of the current situation, reflection and the causes for the problems. Then combined with today's era background to the development of space for the evidence exchange system, and then put forward some improvement measures, mainly is the safeguard measures of the evidence exchange system of internal and external provisions to regulate.