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On The Improvement Of My Country's Pre-trial Evidence Exchange System

Posted on:2018-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:J Z ZhouFull Text:PDF
GTID:2436330542976871Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Civil pretrial procedure evidence exchange regime determine the direction of the case,and affect the result.An effective evidence exchange regime can improve the efficiency of the trail,also can guarantee the procedure justice.Our country's civil pretrial procedure evidence exchange regime establish not long ago,has some defects such as evidence fixation and dispute conclusion,have no institute evidence fixation is the main question.Because of civil Pretrial Procedure evidence exchange regime is originating from Discovery in Common Law countries,we can take example by their regime of procedure and methods in the evidence fixation.The evidence fixation is the core of the civil Pretrial Procedure evidence exchange regime,so we must complete the regime around the evidence fixation.This paper divides four sections.The first section is about the value and the function of the civil Pretrial Procedure evidence exchange regime.Civil Pretrial Procedure evidence exchange regime is that all the party exchange the evidence under the court's organization before the trail,to reach the goal of that conclude the disputes.The civil Pretrial Procedure evidence exchange regime has the value of improving the efficiency of the trail and guaranteeing the procedure justice,it also can facilitate the party reconcile each other.The second section is about the achievement and the defect of the civil Pretrial Procedure evidence exchange regime.The defects of our country's civil Pretrial Procedure evidence exchange regime reflect at that the requirement of the launch the procedure are too strict?the procedure can't reach the effect of evidence fixation?permit to submit the evidences after the procedure?can't reach the aim to facilitate and withdraw the claim.The third section is about the foreign law comparison.Firstly,investigate the range?stage?period and the role of the court.Secondly,the foreign law utilize the inquiry witness?confession and inquisition to fix the evidences by the means of comparison.The fourth section proposes the complete our country's civil Pretrial Procedure evidence exchange regime around the evidence fixation.Firstly,the principle of the regime designation is that around the party as the central.And then,design the specific regimes.Secondly,we can complete the means of fixation by borrowing the foreign regimes.
Keywords/Search Tags:Civil Pretrial Procedure Evidence Exchange Regime, Discovery of Evidence, Evidence Fixation
PDF Full Text Request
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