Study On The Improvemengt Of The System Of Spoliation Of Evidence In The Civil Procedure In China

The civil procedure is a process that the court and the parties try to find,gather and use evidences,and apply the law to the facts of the case.During the civil proceedings,proof plays a decisive role in linking the evidence to the facts.Fact detection and proof directly determines final judgment,and it is also the core problem about the right and obligation of the parties.So the client-oriented litigation proof has been established and perfected gradually.In this mode,the parties make factual claims,collect and use relevant evidence to prove their claims,and directly bear the risks that the results may bring.However,the spoliation of evidence deprives the parties' opportunities to approach and use the evidence equally,and damages the offensive and defensive equality of the parties,which will inevitably cause the inaccuracy and uncertainty of a judgment.Therefore,it should be properly regulated to the spoliation of evidence.This paper amounts to five parts.The first part is an overview of the system of the spoliation of evidence in civil procedure.Firstly,it defines the concepts of the spoliation of evidence and the system.Then it analyzes the legal basis and function of the system of the spoliation of evidence.The second part points out the methods of the regulations to the spoliation of evidence.This part introduces and analyzes the current major methods after comprehensively elaborating the factors that need to be considered in regulating to the spoliation of evidence.The third part analyzes the present situation of the regulations to the spoliation of evidence in China's civil procedure.It introduces the regulations to the spoliation of evidence in terms of current legislative and judicial situations.In the point of current legislative situation,it mainly gathers the laws about the regulations to the spoliation of evidence,and analyzes the disadvantages of existing legislation on this basis.In the point of current judicial situation,it analyzes the main problems of dealing with obstruction of proof in justice practices.The fourth part explores the regulations to the spoliation of evidence in foreign countries and regions.This part mainly examines the countries and regions that have proved to be more advanced in the study of regulations,such as Germany,Japan,the United States,and Taiwan,in order to find out some useful information.The fifth part discusses the improvement of the legislation to the regulations to the spoliation of evidence in China.In the part,it comes up with the specific comprehensive proposal to the regulatory methods from the perspective of improving the relevant legislation,constructing diversified regulations,establishing procedures and supporting systems.