Research On Legal Effect Of Spoliation Of Evidence

It is generally believed that the action of proving which is executed by one party is crucial for the court to find the truth in the litigant model lawsuit pattern.Whereas any one of the parties may face the difficulty of proving in the civil proceedings,especially when one party commit an improper act to prevent the court from finding the facts accurately,the obstructed parties are compelled to accept unfavorable judgment.Now that the parties take on heavy responsibility of providing evidence to prove case facts,there should be some corresponding procedural guarantees for the parties to submit evidence effectively.In order to eliminate the spoliation of evidence conduct and reply to the parties in legal status of essential equality,the spoliation of evidence system emerged.The one party who hinders the activities of the other party by the way of the implementation of the destroying,concealing or refusing to submit proof of evidence etc.is given some certain legal effect.The core problem of spoliation of evidence is what kind of legal effect can realize the goal.In order to improve the legal effect of spoliation of evidence system,it is necessary to study further.The body of this paper consists of four chapters:The first chapter is about the basis content of spoliation of evidence system and its legal effect.Before our analysis of what kind of legal effect to meet goal of protecting the evidence right,we must firstly discuss why there is spoliation of evidence and its legal effect,and how to give some certain legal effect.The second chapter is about typical legal effect of spoliation of evidence in the comparison inspection.Scholars have the various legal effect of the spoliation of evidence,this paper mainly study proof responsibility conversion,free evidence evaluation,standards of proof reduce,spoliation inference,summary judgment,etc.of the major states and regions of common law and civil law.The third chapter is about inspection of China's current legal effect of spoliation of evidence both in legislation and judicial practice.In the whole view,China's current legal effect system of spoliation of evidence is still shallow.The fourth chapter is about the construction of the legal effect of spoliation of evidence.The typification of the legal effect is an important direction for future development.Therefore,we should study case and the evidence that the obstructed parties could have been used,and make classified research as well,aiming to construct the system of the legal effect of spoliation of evidence in China.