Research On Perfecting Evidence Exchange System Of Civil Litigation In China

With the continuous development of social economy and the continuous improvement of social cognition,the requirements for procedural value and entity value embodied in litigation specified procedure are increasing.In order to determine the point of dispute,to fix and preserve the evidence before civil cases are in court proceedings,and in order to achieve reconciliation between civil litigants and improve the efficiency of litigation and achieve the goal of finding the balance between the reality of the entity,the embryonic form of the system of evidence exchange appeared in the form of judicial interpretation in 1993.The exchange of evidence is part of the pretrial procedure,and it is also an important step in civil proceedings.The system of evidence exchange is of great significance to the reform of the civil trial mode and the protection of the litigant rights of the parties.After understanding the connotation,purpose,value function and exchange rule of evidence exchange system,we can find that the system has both substantive value and procedural value.The value of seeking entity truth,ensuring procedural justice,litigation benefit,procedural freedom and complete order are reflected in all aspects of the system.However,the macro guidance value of the legislation of the evidence exchange system in China is higher than the micro operation significance.And it is based on the influence of the social background,such as the current situation of judicial practice and the concept of humanity in China.The system of evidence exchange has not been given due attention,which leads to the failure to achieve the purpose of setting up the system and does not realize its function.The system of evidence exchange derives from the evidence opening system of the Anglo American law system,which belongs to the "transplant" of the law.With the Anglo-American law system and continental law system of some typical countries evidence open system of legislation and practical operation rules,after understanding and comparison and explore its diversity,can to our country at present,the state of the system of legislation and judicial practice problems more deeply analyzed.In order to solve these problems,it is necessary to clarify the legal provisions and actualoperation procedures of the legislative level,so as to achieve the purpose of the evidence exchange system in judicial practice.