Legal Basis And System Concept Of The System Of Obstruction Of Evidence In The Civil Procedure

Spoliation of evidence is a party to civil proceedings of evidence prevent theother party, leading to difficulties of proof or evidence can not, resulting in unclearcircumstances to be the authenticity of the alleged facts, should be how to allocateresponsibility for both the show and to prevent people take what legal consequences.In the lawsuit, the parties to provide evidence for my own idea of the obligation, ifunable to submit appropriate evidence or not sufficient evidence, will face magistratesbear the adverse consequences of risk, and one of the parties to prove intentional ornegligent acts will often prevent Lack of evidence led to the other party. Acts thatimpede the judicial practice have repeatedly caused serious damage of theadministration of justice and civil legal effect of the implementation, not only obstructthe court found that the real, has seriously affected the impartiality of the court toexercise judicial power, but also undermine a party evidence of equality ofinformation readily available for use, so that the parties do not unjustly bear theinterests of,Both in the proceedings on grounds of equal status, equality of armsagainst the pattern of recovery of the system that hinder the research has become amust, and its research should focus on the event of obstruction, resulting in the factthat to be evidence of unclear, when should be how to allocate the burden of proof,that is, to where the losing party bear the burden of proof can not judge what level ofrisk and assume the risk.Evidence of prejudice to the legal effect of the traditional more consideration ofthe punishment is the main emphasis on the stand in the way of sanctions imposedmore severe sanctions and to the main judicial enforcement, but they ignored thathamper the relief features, this approach does not improve is proof of prejudice facedby the plight of people, so whether in the burden of proof to bear on the economiclosses are still hampered by the behavior. In addition, the traditional spoliation ofevidence and no basis to prove obstruction of Bu Tong to distinguish the subjectivestate of mind defined sanctions of grade, who did not give hinder the protection ofequality and fair procedures, which is incompatible with equality concepts. The article by the parties equal access to and use of evidence-based, focus on that hamper therelief function, supplemented by punishment function, the ultimate protection toprevent the realization of functions.The ultimate purpose of this paper is to prove prejudice in the traditional theorybased on research around the principle of equality of the parties on the legal basis ofthe system that impede the conduct in-depth study in order to be able to proveprejudice on the theory of our research and legal construction contribute. According tothis objective, this paper intends to prove the concept of prejudice and its Elements,the legal basis and institutional function and legal effects of the three aspects ofassessment arguments, the final conclusions of this paper and results obtained. Inthese sections, the Legal Basis and the spoliation of evidence system function yes ofthe most important, because it determine the direct impact of the spoliation ofevidence the system's role in judicial practice and that we will take legal She reflectthe reality of the role of this theory and a good legal effect.