Study On The Perfection Civil Evidence Exchange System In China

The system of exchange of evidence has the function of integrating,preserving evidence and clarifying the point of contention,which is helpful to promote the reconciliation of the parties,realize the materialization of the trial and improve the efficiency of the proceedings.It is related to the realization of the purpose of civil action-maintaining the proper procedure and discovering the entity truth.China's civil evidence exchange system is the embryonic form of American civil evidence disclosure system.As the understanding of the system has yet to be deepened,the content of the system has not yet been perfected,and its supporting system or lack or failure to form an effective link up.Leading to the system in the development of failure to achieve the desired effect.Specifically,the purpose of the paper is to draw lessons from American civil evidence on the basis of full consideration of applicable conditions and environment.According to the disclosure system,starting with the concrete content and supporting system of the civil evidence exchange system in our country,this paper aims to refine and perfect its theoretical content,solve the problem of the poor operation of the judicial level,change the present situation of the evidence raid and enhance the transparency of the trial.Promote the materialization of the trial,correctly position the position and function of the judge,realize substantive justice and procedural justice.