On The Civil Procedure Law Of Our Country The Establishment And Perfection Of The System Of Obstruction Of Evidence

In civil litigation, the system of obstruction of evidence in western countries under therule of law has been established for many years, has become one of important civil litigationsystems. Along with our country government by law advancement and the civil litigationsystem increasingly perfect, the system of obstruction of evidence increasingly into people’svision, and judicial attention.To establish in our country gradually perfect the system ofobstruction of evidence in the process, make full use of democratic legal system country,learning advanced experience, as this system specification is complete and judicial practicegradually mature, we must be clearly found that China’s current legislation on the systemdefects and shortcomings on, find the gap and profound analysis of causes, mainly for theConstitution be congenitally deficient, main body limited to not bear the burden of proof ofthe parties, the legislation does not put the blame on obstruction of evidence into theregulations, prevent serious lack of single type, content, elements of proof impediment resultswithout a definite standard of proof impediment, legal consequence of defects, the law is notclear etc. aspects of the problem.Through this system the analysis of existing problems,combined with China’s social, judicial practice, looking to complete this system in ourcountry and way, an antidote against the disease, have a definite object in view to solve theproblem, we should fully absorb the western advanced things, especially for the westernmature applied in judicial practice in the investigation system, witness system and theintroduction of, take into account the actual circumstances of China, could not go beyond thesocial development of contemporary China’s overall level of one branch alone beautiful,established in line with international standards, and adhere to the Chinese characteristics ofthe logical system of reasonable, complete, smooth operation of the system of obstruction ofevidence, promote China’s civil litigation system more perfect and scientific.