Research On The System Of Evidence Discovery In Civil Procedure

Reform of civil trial mode is an important part of China's judicial reform.The civil pretrial review process reform is its top priority.The evidence exchange system is the core content of the civil pretrial procedure,and it is also a major achievement of the civil trial procedure.China's current evidence exchange system is inextricably linked with the Anglo-American evidence discovery system,but it has obvious differences.Therefore,it is necessary to base on the objective reality of China's evidence system and judicial practice,and fully study the evidence of the Anglo-American legal system countries.Exploring the advantages and characteristics of the system,drawing on the beneficial results of the evidence-based discovery system in the United States and the United States,drawing on their successful experience,changing the litigation concept,updating the litigation theory,reconstructing the pre-trial litigation system and establishing evidence with Chinese characteristics.Show the system to promote civil litigation reform.Therefore,this topic has theoretical and practical significance.This thesis takes the evidence discovery system as the research object,uses the literature research method to study the concept of evidence discovery system,analyzes the problems existing in the current evidence exchange system in China,and studies the necessity of implementing the evidence discovery system in China's civil procedure.The use of comparative analysis to study the evidence discovery system of the United Kingdom,the United States,and Japan,and to analyze the experience that is worth learning from China;using empirical analysis,through the analysis of some empirical materials such as the judicial pilot of the relevant evidence discovery system,The experience,deficiencies and existing problems in the implementation of the system,thus constructing the evidence discovery system in the civil procedure with Chinese characteristics.On the basis of literature review of previous studies on relevant evidence discovery system,the structure and content of this paper are as follows: The first part is an introduction,which mainly elaborates the research background,research significance,research methods and contents,and research framework of this paper;the second part is the research status of evidence discovery system at home and abroad,and combs the basictheories in this field at home and abroad.The third part introduces and evaluates the evidence discovery system in Britain,the United States and Japan,and studies the content that China can learn from;the fourth part analyses the problems existing in the implementation of the evidence exchange system in civil litigation,the differences between the system and the evidence discovery system,and the status and experience of the implementation of the pilot areas of the evidence discovery system in China;the fifth part is the summary of the construction process.The countermeasures and suggestions of evidence discovery system in civil procedure with national characteristics.The research shows that our country's transitional litigation system and litigation culture do not conflict with the system of evidence discovery.On the basis of drawing lessons from the reasonable elements of the system of evidence discovery in Britain and America,we can deeply study the system of evidence exchange in China,and put forward countermeasures and suggestions for the establishment of the system of evidence discovery before civil litigation with Chinese characteristics.