Research On The Australian Civil Discovery System

The civil discovery system is an important civil pre-trial litigation system in the common law system.Its purpose is to promote the full exchange of litigation-related information between the parties,for revealing facts,determining disputes,and promoting reconciliation.The Australian civil discovery system originated from the British colonial rule and was later formed by combining with the laws of the aboriginal people.Based on the inherent attributes of discovery,the Australian civil discovery system emphasizes the principle of proportionality.The article analyzes its nature and purpose from the origin and meaning of the discovery system.Then,based on Australian statutory law and case law,it systematically expounds the composition of the system,and emphasizes the authoritarianism.The article compares and analyzes this system and my country's civil pre-trial evidence exchange system objectively in terms of legal environment and system design,and then puts forward specific suggestions to improve Chinese pre-trial procedures,such as perfecting the evidence exchange system in our country,strengthening the connection between the evidence exchange procedure and the case diversion.