On The Obstruction Of Proof In Civil Procedure

In the current situation of increasing litigation disputes,the phenomenon of uneven distribution of evidence materials is particularly significant.In order to make the facts claimed by the parties recognized by the judge,the parties often take destruction,concealment and other improper ACTS to obstruct the other party's proof activities in the proof activities,and the proof hindrance rules are thus generated.The establishment of the obstruction of proof rule is conducive to urging the parties to reasonably and legally collect and provide evidence,so as to restore the facts of the case,safeguard the legal rights of the parties,and put an end to the negative impact of the obstruction of proof on the proof activities.Based on the cases of obstruction of proof in judicial practice,this paper analyzes the constitutive elements and theoretical basis of obstruction of proof in depth,and on the basis of analyzing the causes and disadvantages of obstruction of proof,draws on the beneficial experience of foreign countries,and puts forward Suggestions on the improvement of obstruction of proof system in China from the double perspectives of legislation and judicature.This paper suggests that the legal level of proof of obstruction should be improved in legislation,the constitutive elements of proof of obstruction should be clearly defined,the sanction method of proof of obstruction should be strengthened,and the procedural guarantee system should be improved.In judicature,the effective regulation of the act of proof obstruction can be realized by improving the professional quality of judges,strengthening the obligation of explanation,introducing the right of objection of exaction procedure and other specific measures.