Secret Protection In The Investigation Of Civil Evidence

Secret protection is an important part of human rights protection, and the investigation of civil evidence has produced a subtle tension with it. This paper focuses on a detailed interpretation of systems and procedures of Secret Protection in the Investigation of Civil Evidence and provides the path and methods of resolving the conflict between information disclosure and secret protection. The paper is divided into six parts:the meaning of secret protection, reasons of secret protection, methods of secret protection, the analysis of subjects of secret protection, the analysis of means of secret protection, the conclusion. The first three parts is the basic inspection of secret protection, introducing basic concepts and basic theory, and explaining what are secrets, what is secret protection, the types, levels and scope of secret protection, why should secrets be protected, its external and internal causes, how to protect secrets, its standards and methods and who is going to use the methods of secret protection, which leads to the discussion core of this paper-interest balancing. Given the complexity of the relationship of subjects in secret protection, this paper is devoted to the discussion of subjects, their identification, rights and obligations in secret protection. Part V describes the operating mechanism of secret protection, introduces the two different means of protection which are divided by holders or instruments of evidence separately in detail, and evaluates these two means briefly. The last part indicates that if China wants to achieve the aforementioned ideal state of secret protection, it must be gradual to distinguish between short-term objectives and long-term objectives and not only improve regulations, but also change in thinking. Short-term objectives are prescribing the right remedy for problems of existing norms to resolve the top priority because of the missing of secret protection system by amplified or restrictive interpretation or explanation; Long-term objectives are improving the social philosophy, institutional environment and building our own secret protection system.This paper attempts to consider China's reality as a foundation for discussion, insisting contextualism. At the same time, although both real state and ideal state are mentioned in the process of discussion, this paper explains the distinction between interpretive theory and legislative theory, between secret protection as it is and secret protection as it should be, so that it can clear this foreign system's edge and China's problems, and take others'strengths to make up our weaknesses. This also dooms that on the one hand, this paper focuses the normative analysis method, returns to the articles of law in China to explain them, draws the real structure of China's secret protection system and identifies deficiencies; On the other hand, the related systems in German, Japan, Taiwan, France and even Italy are infused into the discourse of the paper, so that a kind of perspective of comparative analysis is throughout the whole paper, integrated respective strengths to build the ideal state of secret protection. The comparative analysis focuses on the spiritual essence of the system in various countries and regions, rather than absorbs the ramifications of the system. In addition, the paper also uses the method of systematic analysis, which considers privileges and assistance obligations as a system that is harmonious. And the two systems coordinate and consolidate with each other. What is more, this train of thought has been popularized, so secret protection is thought in contrast to the investigation of evidences, thus the comprehensive strategy for secret protection can be found. During balancing of interests, the paper concerns the distribution of roles of legislators, the judiciary and parties, and their own room for discretion. Thinking over the factors of interests balancing, the paper fully takes into account the fundamental rights involved and a variety of factors that affect importance of them.