Analysis On The Spoliation Of Evidence System

Spoliation of evidence in civil litigation means that the party holding the evidence intentionally or negligently damages,concealed,rejected,forged or altered evidence that is unfavorable in order to prevent the other party from giving evidence effect of wrongdoing.Medical litigation due to the special nature of the litigation caused by the unequal strength between the two sides,the evidence bias(the key evidence such as case material are in the hands of medical institutions)created by the unequal status of weapons highlights,coupled with legislation stipulates that patients should bear the burden of proof of the facts of the medical tort,the behavior of spoliation of evidence that medical institutions implemented as the main body takes place from time to time,thus triggering tension between doctors and patients,litigation is difficult to achieve a number of difficult issues,in view of this article discusses the medical Litigation proves to be hampered in the narrow sense by confinement to medical institutions that are not responsible for the burden of proof,in the hope of seeking useful inspiration for the regulation of spoliation of evidence.Specific system construction needs to be based on the existing theoretical results both inside and outside the region,rich experience in the system of Germany,the United States and Taiwan of China provide a useful reference for our country to prove obstruction system.Based on this premise,the author uses 150 referees as a sample and conducts an empirical analysis.It is found that under the influence of incomplete legislation and contradictory legislative flaws,spoliation of evidence in medical litigation in our country has a low acceptance rate in judicial practice,a vague standard of conduct definition,and a remedial measure Lack of rationality and many other issues have affected the judge's cognizance of the facts of the case.In order to resolve the plight of reality,we must get rid of the root causes of existing theories and tracing back problems,take the reconstruction of the subjective burden of proof in medical litigation as a mechanism,learn from the experience inside and outside our country,combining with the actual situation,institutional and systematic improvement of the spoliation of evidence in medical litigation in the four aspects of pre-prevention,reasonable cognizance of the matter,relief and punishment after the event,and procedural safeguards.As for the prevention in advance,under the prerequisite of the obligation of keeping evidence,we should construct the double restriction rules of “who advocates,who evidences” and “does not advocate but also evidences”,so as to prevent the root causes of spoliation of evidence;in the aspect of affirmation of the matter,due to the limitations of the legislative provisions,there is a lack of operable rules in such aspects as subjective behavior,behavior patterns,cause and effect,damage results and other factors,leading to the poor application of spoliation of evidence system by the judges and the low overall adoption rate,it is necessary to stratify and delineate the spoliation of evidence behaviors in a multi-dimensional manner from the perspectives of subjective and objective behaviors so as to meet the needs of practical development;in the case of ex post facto sanctions,the legal regulation of spoliation of evidence in medical litigation must be confined to the single and crude means of “presuming fault”,fall into the dilemma of over-relief and under-relief of “presumption of fault”,so it is necessary to break through the existing legislation to remedy the damage,return fairness-oriented,make innovative changes to the regulatory instruments of spoliation of evidence behavior,also,in order to maintain the consistency of the system,still take the rational deployment of the subjective burden of proof as the core to take advanced regulatory measures;procedural guarantees,that is,standing on the obstruction of the party's position to protect their legitimate rights and interests,can the real justice of the proceedings,mainly from the procedural safeguards mechanism to start to identify the spoliation of evidence behavior to build a set of system procedures in the recovery of the interests of the applicant At the same time,the remedy rights of the obstruction parties should be fully guaranteed and the litigation substantively fair.Ultimately,spoliation of evidence system in medical litigation should be systematized and perfected in order to guide the normal operation of judicial practice,resolve the plight of reality and create the necessary prerequisites for achieving substantive justice in the society.