Study On Civil Evidence Exchange System

The evidence disclosure procedure is the form of one part exchanges the information about the case with other part before the formal hearing.It is an important part of pretrial preparation procedure,which was originated in 19 th century England and progressed in America.After that,other countries and regions of the civil law system all started to set up procedures for the exchange of evidence or similar procedures.The exchange of evidence has the characteristics of procedural independence,subject specific,legal content,two-way exchange and loss of power and the function of preventing the attack of evidence,clearing the focus of the dispute,helping the centralized trial and promoting the conciliation between the parties.The function of The evidence disclosure procedure is more and more important to the Civil action system and has been focused on by many countries..Discovery and disclosure proceedings were originated in Anglo-American law,which had a long history.Common law countries have formed a complete set of Discovery and disclosure proceedings and the rules of evidence specification with the influence of adversary system and Litigant mode of litigation,including the scope and the ways of the Discovery and disclosure proceedings and the consequences of sanctions against the system.And then,some countries of the civil law system learned to use Discovery and disclosure proceedings in their pretrial procedure.Two law systems has learned from each other and developed well.In China's judicial practice,there were more and more disadvantages about "one step to court" in 90 s with Civil Justice Reform.We have realized the importance of evident exchange.Supreme People's Court has adopted a form of "Several Provisions on evidence of civil litigation",established the evidence exchange in 2001.But the file lacked practical operability.Although there was new interpretation of civil procedural law in 2012 and in 2015,evidence exchange was less referred.Now there are many problems about evidence exchange: the case of evidence exchange scope and evidence exchange scope are not clear,Single ways of evidence exchange,the presider is not clear,actions against the exchange of evidence are missing,The principal position of the parties in the exchange of evidence is not obvious.,and evidence exchange collaborates not well with the limited time of proof.This paper summed up Theoretical Research Results of civil procedure and the Present situation of evidence exchange,drawing lessons from the laws of foreign country and then present how to progress our evidence exchange in the sight of the basic theory of evidence exchange system and the background Angle of the whole civil lawsuit,including broadening the scope of the case of evidence exchange,clearing the scope of the details of evidence exchange?increasing the ways of evidence exchange,ensuring the presider,defining the time of evidence exchange,highlighting the status of the parties and setting up and completing the laws of violating the system of evidence exchange.