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The Discussion of Discovery Transplantation Effectiveness

Author: ZhangBin
Tutor: ZhouYongKun
School: Suzhou University
Course: Legal
Keywords: discovery evidence exchange dispute resolution effectiveness invalidity of evidence
CLC: D915.13
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


The discovery of the Common law has a long history ,it is an important link of the litigation process . if fully playying its role will fix the evidence, settle disputes, facilitate the compromise effect. the discovery in our country transplant from the Common law , but in judicial practice it is difficult to play its effectiveness. This article mostly research origin and development of discovery, as well as for the enlightenment of our country which mostly concentrated on the theory field, less on the practice field. This article begin to analysis the reason of its low effectiveness from a labor dispute case. The main reason is the discovery system is not perfect in our country, such as the disclosure is unable to guarantee by the form of system, the time limitation of providing proof system is not strictly enforced; the will of judges, lawyers, parties and other aspects is restricted; inadequate support of related environment such as litigation fee standard does not express the advantage, the function of ineffective reconciliation leads to insufficient attention. Then exploring suitable system for China’s legal of discovery, establishing the proof losing - right system in order to ensure the validity of evidence disclosure; reforming litigation fee system to change parties choice, improving the parties enthusiasm to dispute resolution by discovery; assistant judge presided over the discovery can avoid mandatory mediation effectively, reduce the parties pressure, eliminate the unfair justice image; strengthening lawyer negotiation concepts and techniques, putting more focus on benefits, in order to improve discovery in the pretrial procedure, resolve disputes, give full playing to its effectiveness at last.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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