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Study On Civil Procedure Privilege Of The United Kingdom

Posted on:2020-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z D WangFull Text:PDF
GTID:2416330578460158Subject:Law
Abstract/Summary:PDF Full Text Request
The White Book of Civil Procedure Rules of the United Kingdom has the official definition for privilege.It is the right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognized by law.The most of UK's privileges' rules from the case law,after the WHITE BOOK published,within the new legislative purpose,on the basis of the previous statute of evidence,the UK has reform the next step for the system of privilege in this civil procedure revolution,making it more operable to adapt to the legislative purpose,spirit and style of the new civil procedure law,taking into account the reality of rapid social development.Because of the unique revolutionary factors of the WHITE BOOK on the rules of civil procedure in Britain,the rules of privilege stipulated in its articles of law also break through the shackles of the past.Traditionally,almost all the rules of privilege stipulated by case law have been criticized for the complexity and fragmentation of the rules of privilege system.In the WHITE BOOK,there are provisions and systematization of statutory law.Specifically,its benefits lie in the following points: the unification of the reform content required by the national historical and cultural traditions,the sublation of judicial evolution and social change;the consistent ideological standards and system construction are disclosure of content that cannot be disclosed publicly;Improvement of relief and punishment measures for the wrong use of exemption.But from another point of view,the design of the privilege system in the British civil procedure rules also has its own defects that can not be ignored: the contradiction between the value of pursuing objective truth in judicial trial and the social value that needs to be protected and pursued outside judicial trial;the contradiction between the function of privilege and the statutory type of privilege;the contradiction between the traditional adversarial litigation mode and the judge's authoritarianism litigation mode.The conflict of value measurement brought about by the change of mode,the harassment of non-litigant participants and the deviation of privilege system from the core goal of justice judicial reform in Britain under the implementation of privilege.Chinese civil procedure law does not stipulate the system of privilege in civil procedure as in Britain.At present,the research on the system of privilege in Chinese criminal procedure law is relatively rich and has been continuing,while the field of civil procedure law is very rare.Obviously,filling the loopholes and gaps in the law is thedirection of each country's amendment.The fundamental purpose of the system of privilege is to maintain the social order outside the court and the social common value higher than the objective and true value of the case,which obviously needs to be maintained in civil litigation.Therefore,it is necessary to add the system of privilege to our civil procedure law.The system of privilege in British law has been differentiated between civil litigation and criminal litigation,and British law is a typical judicial system and system deeply influenced by traditional local culture.At the same time,the aim of the Civil Litigation Reform in Britain is to take the judge as the procedure control center of the civil litigation mode.Therefore,when conducting comparative studies,we should learn how to set up a highly feasible privilege system under the influence of profound national traditional culture and protect higher social value objectives on the premise of effectively reducing obstacles to trial efficiency.It is reasonable and necessary to advocate the establishment of the privilege of civil action in China after comparing the preconditions and backgrounds of Britain and China.
Keywords/Search Tags:The United Kingdom laws, privilege, evidence, civil procedure law
PDF Full Text Request
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