The Study Of The Sanction Of Obstruction Of Evidence In The Civil Procedure

The system of the sanction of obstruction of evidence in the civil procedure with the establishment of the regulation system is the guarantee an important link in civil litigation value realization,but obstruction of evidence with the study of the theory of the regulation in China starts late,in the aspect of legislation,although have some law is involved,but simple rough law as a whole,has not yet formed a complete prove that hinder legislation regulating system,unable to frequent regulation in the judicial practice prove that interfere with the behavior,so based on the theory and practice of the author set about this topic research present situation and the demand.The research of this subject can,in theory,enrich the existing theoretical research results,which is conducive to the formation of perfect evidence hindering the research system.Second theory research of enrichment will directly effect on the improvement of the legislation,this topic research will be beneficial to the civil procedure law and other relevant laws for the future modifications to provide theory support,in order to establish perfect prove that hinder regulation system;Finally will enrich the theory research,perfect legislation system effective regulation of the increasingly frequent in the judicial practice to prove that interfere with the behavior,also conducive to safeguarding judicial justice and authority,the optimize allocation of judicial resources,maintain the normal order of justice.The writing of this article mainly adopts the literature method,comparative research methods,such as by combing foreign prove that impede the development situation of regulation system,analysis of relevant research achievements,at the same time fully analysis prove that hinder regulation system in our country's legislation and the judicial present situation,the basic connotation and prove that hinder,on the basis of constitutive requirements,gradually expand the legislation perfect,the effects of applicable law,the discussion of judicial safeguard and so on,trying to perfect ourcountry civil litigation proof regulation theory system and build our country prove that impede the regulation system of effective Suggestions are put forward.Traditional prove that hinder from punishment and regulation measures and sanctions,emphasize to hinder the offender to justice,but ignored the prove that hamper relief function,this article mainly from the principle of equality of litigant,focuses on restoring the parties equality against litigation pattern.In addition this paper prove that interferes with the legal consequences,emphasized the standard adjustment,a certificate from the obligation to share,put forward to prove that interfere with the behavior of remedies and sanctions legislation Suggestions,and try to draw up the related law.Finally,this paper think that prove that interfere with the establishment of the regulation system of the civil lawsuit is a systemic project,should first clear prove that interfere with the regulation system of the core goal is to restore the two sides equal legal status,advocated on the basis of the principle of good faith,to maintain legal relationship between the parties,on the regulation means for right relief as the main target,both punishment,also pay attention to the related supporting measures and perfect and improve the judicial environment,to form a complete prove that hinder regulating operation system.