Proof Of Civil Action Proof

In recent years, with the advance of the trial reform, the power of the court investigation is sharp weakening, the confrontation of the evidence collection between the parties is growing increasingly and the obstruction of evidence in civil proceedings has become a universal phenomenon. But China’s relevant laws and regulations and judicial interpretations can not stop the action of the evidence obstruction effectively. In the case of the unestablished law, enhancing the antagonism between the parties will undoubtedly produce the evidence obstruction. This is neither facilitate to ascertain the facts, nor conducive to safeguarding the legitimate rights and the interests of the parties. Now, China is not yet built up a sound regulatory system of the obstruction of evidence. There are some relevant regulations in the article111of the Civil Procedure Law and the article75of the Rules of the Supreme People’s Court on Some Issues Concerning the Trial on the Evidence of Civil Action. But its role is particularly simple and not much effect to improve the situation which intensified judicial practice. This situation makes the legitimate interests of the parties in the litigation activities are not properly maintained, but also affect the ultimate realization of justice. So, both the theoretical and practical research and the legislation need to be further explored. Based on this, through learning the relevant legislation and judicial practice abroad, the paper try to study the system of the obstruction of evidence for deep analysis. Finally, in order to provide some help to establish the system in the future, suggestions for improvement aiming at the defects in the status quo of China’s legislature are put forward.The paper consists of four parts:The first part is to introduce the general situation of the system of the obstruction of evidence. Through studying the present situation of legislative status and the judicial system of the system of obstruction of evidence, the paper fund defects of the system in our country’s legislations:the low legal status, the incomplete construction of the article, the unitary legal consequence and the imperfect procedural protection. The second part defined the basic legal theory of the system of obstruction of evidence. Scholars have different opinions on the legal basis to the system. There are the rules of thumb method, the good faith method, the method of obligations for damages and the method of obligation to give assistance. In his part of, the theory for these four studies were analyzed to clarify the pros and cons. The third part compared and analyzed the legislative system in the advanced countries. It focuses on an introduction to Germany, Japan and Taiwan on relevant Provisions of the system of impede and judicial experience, in order to prove prejudice on perfecting our system for possible inspiration. The fourth part proposes the specific recommendation of the improvement and perfection of the system that prevents specific recommendations aiming at the defects of construction of the obstruction of evidence system, including enhancing regulation of legal hierarchy, completing constituted elements, diversifying the legal consequence and setting up the relevant protection system.