Evidence In Civil Proceedings Discovery System

Discovery is an important system in civil procedure of Common law countries and it plays an irreplaceable role therein. With the reforming of our civil judicial system, such malpractice as evidence attack and lawsuit delay have been exposed. Some people find the discovery a panacea. But neither in the field of theory nor of practice, there has not been any systematic analysis on whether there exists fertile soil in our country for the system and on what conditions are needed to guarantee to function well.This paper contains 4 parts, which is 33,000 words or so.The first part talks about the value basis of discovery. The author states the discovery mainly embodies fairness and efficiency and then discusses manifestation of the two sorts of value in civil litigation.In the second part, the author firstly introduces the discovery in adversary system, represented by the US and the UK and in inquisitive system, represented by Germany, Japan and France, then analyses the operationed basis and the details of the discovery in western countries and finially gives author's evaluations.In the third part, author argues that although discovery is concerned both in the field of theory and of practice, there is no actual discovery in our country.In the last part, author expounds how to introduce the discovery. The thesis, based on the comparation of the discovery in western countries, sets forth the establishment of discovery and losing right of proof presentation. In the last, author states that the knot of the establishment of discovery lies in legislation but not in practice. Only by doing this, can the ununification and malpractice of laws be eradicated.