The Research On The Legal Conflicts Of Obtaining Evidencein China

In the process of transnational civil litigation,because of the difference in the rules of evidence and the system of evidence collection,the process of obtaining evidence abroad is rather complicated.With the increasingly close contact around the world,countries,to coordinate collecting evidence abroad,has made a lot of efforts.Considering the related legal system of various countries,Hague Conference on Private International Law adopted "The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters"("Hague Evidence Convention"),the Convention has been widely recognized by countries and become the most influential oneof the extraterritorial evidence multilateral convention.However,because some contracting states(such as the United States)take a selective application attitude leads impairment to the Convention,and some cases in recent years have shown that the legal conflicts of the extraterritorial taking of evidence have become worse.Therefore,how to coordinate the dispute between China and the United States,or how to deal with the United States outside the country to collect evidence,to protect the interests of the nation and the society,it is worth exploring.Therefore,this article embarks from the Gucci case,combined with domestic and abroad evidence system in the United States,Hague Evidence Convention's applicable conditions in China and the United States,other countries' measures of dealing with the extraterritorial evidence collection system.Based on the development of countries' increasingly close contact and new means of obtaining evidence,after analyzing the existing legal system,whether China insists on continuing to assist way of taking evidence abroad by justice,or allowing the parties to go to China and make obstacle law,our country should respond to request for the taking of evidence abroad more actively to protect major national and society interests.This thesis consists of four parts:The first chapter of the thesis,introduced the concept of obtaining extraterritorial evidence,the civil law system and common law system for a different view of taking evidence abroad in nature,presents several fundamental ways of gathering evidence abroad,and briefly discussed the scope of taking evidence abroad.In the second chapter,this thesis will start from the Gucci case,introduces the background,the central issue of the case.Followed by a brief introduction to the system of evidence collection in the United States,and a short analysis of the performance and causes of the conflict of collecting evidence.Thirdly,it is a problem of legal conflicts of extraterritorial evidence collection,and the method used by other countries.In the third chapter,this thesis will introduce an important international treaty to coordinate the conflicts of extraterritorial evidence-"Hague Evidence Convention," including its background,scope of application and ways of obtaining evidence.Secondly,it introduces the two outstanding issues: exclusive application and the preservation of pretrial evidence.Finally,combined with the Gucci case,analysis of why the "Hague Convention" evidence failed to coordinate the China-US conflict of laws.Finally,in the fourth chapter,a brief analysis of China's existing extraterritorial evidence collection system,and discusses the existing problems of foreigners gathering evidence in China,the last reference to the experience of other countries,puts forward some suggestions for China to cope with the United States evidence gathering regulations.