Research On The System Of Proof Obstruction In Civil Proceedings In My Country

The obstruction of proof refers to the act of obstructing the perpetrator to impede the proof of proof by the person responsible for proof,so that the person responsible for proof bears the legal risk that the proof cannot bring.Proving that obstruction is not conducive to discovering the truth of the case,depriving the parties of equal access to and access to litigation materials,and also impairing the order of judicial decisions.Therefore,all countries hope to pass laws to eliminate the adverse effects caused by the obstruction of proof,so as to restore the facts of the case and achieve fairness and justice in the case.However,the theoretical circles have not yet formed a unified opinion on the constitutional requirements,legal effects,and remedies for obstructing people's rightsBased on the theoretical analysis of the proof obstruction system,this paper analyzes the problems of the proof obstruction system in China's civil litigation,compares and draws reference to the proof obstruction system of representative countries in the region and Taiwan in China,and is ultimately committed to improving the proof obstruction system in China.The main body of this article will be discussed from the following four chapters:The first chapter is the theoretical analysis of the civil lawsuit proof obstruction system.This chapter starts with the legal connotation of the proof obstruction system,analyzes the different theories of the proof obstruction system,clarifies the legal connotation of the proof obstruction system,and then more clearly locates the proof obstruction system by analyzing the proof obstruction and the burden of proof;secondly,it analyzes what the proof obstruction meets Before this kind of requirement can be established,we must first discuss why a proof obstruction system is set up,and analyze the system from the source;finally,an elementary analysis of the proof obstruction behavior.The second chapter analyzes the problem of the obstruction system of civil litigation in China.This chapter is based on the proof of obstruction system legislation and judicial practice,and analyzes and proves that there are three outstanding problems in the obstruction system,that is,the proof of the obstruction is not clear,the legal effect is single,and the legislation that obstructs the remedy of the perpetrator is missing.The third chapter is the comparative law investigation of the civil lawsuit proof obstruction system.On the basis of the question,learn from the legislative experience of the representative country(region).On behalf of the country(region),it is the direction of China's future to improve the proof obstruction system that clearly proves the constituent elements of obstruction,the diversified legal effects,the reasons for the obstruction of behavior exclusion,and the granting of relevant procedural rights to obstructers.The fourth chapter is to improve the obstruction system of civil litigation in China.Through theoretical analysis and comparative reference of the proof obstruction system,combined with the existing problems of the system in China at the current stage,it is recommended to improve the proof obstruction system of civil litigation in China,and clarify the constituent elements:expand the scope of the subject,increase the obstruction of faulty proof,and clarify the scope of the object 1.Perfect objective requirements;learn from multiple sanction models,enrich the regulatory methods for proving obstruction,and comprehensively choose the legal effect of proving obstruction according to China's actual situation;add a procedural remedy mechanism for obstruction perpetrators.The author hopes that by improving China's civil litigation proof obstruction system,it can better guide judicial practice.At the same time,the author believes that the perfection of any system is a systematic project.Only by continuously putting it into practice and accumulating experience in long-term practice can we continue to push the theory forward.