Study On Spoliation Of Evidence In The Civil Procedure

"Spoliation of evidence" means that a litigant obstructs the proof of the other party by act or omission with intent or negligence,making it difficult to prove the facts of the case.When there is proof,there is spoliation of evidence.Spoliation of evidence not only makes the fact uneasy to be discovered,but also damages the order of the judicial judgment.Therefore,both law and obstruction of legislative have the regulation of spoliation of evidence.However,the academic circle has not reached a consensus on the constitutive elements,theoretical basis and legal effect of spoliation of evidence.This paper will start from the concept and theoretical basis of the regulation,then find out the constitutive requirements and the legal effect of it.In the last,this paper will discuss the legislation of our country,then find a reasonable way to establish the regulation of spoliation of evidence.In this paper,historical research,comparative research,empirical research and other methods are used.The paper is mainly divided into three parts:The first part,a overall look on the spoliation of evidence.In this part,the concept,theoretical basis and constitutive elements are discussedThe second part,legal effects of spoliation of evidence.In this part,the core role of legal effects are clarified,the means of sanctions against spoliation of evidence in the two legal systems are introducedThe third part,spoliation of evidence system.in China.This chapter analyzes the existing laws and regulations in China,advocates the specific burden of proof theory,abandons the unitary mode of sanction,and reconstructs the system of spoliation of evidence with the orderly and diversified legal effects.