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The Perfection of Disclosure of Civil Litigation in Our Country
Author: PengJunLin
Tutor: HeWenYan
School: Xiangtan University
Course: Procedural Law
Keywords: The exchange of evidence Proof time Institutional Value System Design
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 89
Quote: 0
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Abstract
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The exchange of evidence in civil proceedings is an important system, which is conducive to the establishment of a just and efficient litigation goals. Whether this is a common law or civil law very seriously. December 31, 2001, the Supreme Court announced the \civil trial fairness and efficiency, deepen the reform of important measures people's court, but also the effectiveness of the practice of judicial reform in recent years. However, due to various factors, the inevitable shortcomings, its operation process also highlights many of our existing civil litigation system problems, to China's judicial situation brought new issues. How to build evidence before the court of civil exchange system has been China's civil Dharma research interest. Based on the current situation of China's exchange system analysis of the evidence, that the evidence of our existing exchange system defects, from the theoretical foundation, institutional value exchange system and other aspects of research evidence and on the basis of the evidence presented improve our exchange system recommendations to the exchange of evidence for our system more systematic, more operational and practical to provide a theoretical reference. Addition to the introduction and conclusion, divided into three parts; Evidence Exchange System overview, our civil exchange of evidence and the establishment of the system of civil status and evidence exchanged System. Exchange system for the realization of the localization of the evidence, I think the evidence in the exchange system set up, you should follow the following principles: consistent with national conditions, the parties voluntarily and terms of appropriate interventions combined pretrial exchange of evidence can not replace court proceedings. Exchange of evidence specific system design can be considered from the following aspects: the evidence in the Basic Law clearly stipulates exchange system, the introduction of a new mode of action to improve the content of Evidence Exchange System. Moreover, you should perfect the relevant institution building, such as sound proof limit system, establish mandatory defense system, a clear evidence collection system. Each system has its own survival, growth of the soil, evidence of foreign exchange system is running well, how in China's social environment, cultural atmosphere, the judicial system to maintain vitality, it is worth further reflection and positive practice.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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