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On the Civil Procedure Evidence Exchange System

Author: ChouChao
Tutor: LiuMin
School: Nanjing Normal University
Course: Procedural Law
Keywords: The exchange of evidence Pre-trial procedures Time Limit of Evidence
CLC: D915.2
Type: Master's thesis
Year: 2005
Downloads: 198
Quote: 2
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Abstract


The evidence exchange system under the auspices of the court , the parties ready for use in court of evidence between exchange and fair litigation system . System of exchange of evidence from the first half of the 16th century British judicial practice of equitable , open to the evidence in the 19th century when the British judicial reform combined common law and equity litigation indicate that the program , in 1938 the U.S. Federal Rules of Civil Procedure will evidence Discovery System codified formally established as a system of statutory procedures . After that, the legislation of many countries adopted by and increasingly national attention , continuous development and improvement . The importance of the exchange of evidence system is that it enables the parties to maximize the understanding of the facts of the case , the control of the other parties held evidence , to prevent herself on the evidence in the trial in a surprise attack , and enhance the transparency of the trial of the case . The system found the facts of the case , to promote reconciliation , a clear point of contention , the preservation of evidence , to simplify the trial, and so on , has a very important role . Our current legislation only form of judicial interpretation by the Supreme People's Court initially established the prototype of China 's civil litigation evidence exchange system , the exchange of evidence in judicial practice is open only on the evidence of the common law countries shows the rough imitate , so the design the evidence exchange system suitable for China's specific situation is very important . Proceed from the basic theory of the exchange of evidence , evidence by comparing the foreign exchange system , a review of the legislative and judicial practice , on this basis , Improvement of the system of exchange of evidence put forward their ideas to China's \amendments to be beneficial .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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