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Research on Civil Discovery Procedure

Author: NiuGeGe
Tutor: MaGeChang
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: civil litigation discovery evidence-exchange pre-trial preparation
CLC: D925.13
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract


Discovery is an important system in pre-trial preparation of civil litigation . The function of discovery is to fix the evidence of the party before the court interrogation and to make preparations for the procedures of court interrogation. Discovery can prevent the party take theirs evidence by unexpected in the trial , it plays irreplaceable role in civil litigation of common law in American, but also has profound impact on civil law countries. We also have similar procedures it be called evidence-exchange. Evidence-exchange in our country only imitates discovery roughly. It has not formed into a system, needing to be perfected. This paper defines the concept of discovery of civil law and common law and there after makes an analysis on its value, on the basis of the present condition of discovery and puts forward the ideas on the perfection of the discovery of civil litigation in our country. While perfecting the system of discovery of civil litigation, Firstly, we should perfect the environment for the system of discovery and ensure its effective function. Secondly, we should improve the discovery of the operating rules and must improve the scope of discovery, including four aspect : range of evidence , time of evidence, subject of evidence and procedures. It must add to applicable privilege to protect the important social relations and set up the written interrogation and self-acknowledgement. Finally, to construct pretrial conference and pleading, the most important is to construct the pre-trial procedure to bestow on litigants more rights in order to build up a perfect system of civil discovery.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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