Research On The System Of Spoliation Of Evidence In The Civil Procedure

In civil proceedings, parties tend to exhaust all of the proof materials and means of proof to prove their own claims or rebut those of defendants so as to obtain the decisions favorable to themselves. The obstructionist makes obstacles to discourage others from achieving their legal rights and interests by improper means like destroying and hiding evidences. This dishonest behavior deprives both parties’opportunities of equal access and utilization of procedural materials. In addition, it distracts the court from finding out the true process and consequences of the case. In response to such de facto inequality, some countries with advanced rule by law have established the system of spoliation of evidence one after another by reforming the traditional doctrine of argument. In recent years, the behaviors that pervert proof in civil litigation have emerged in an endless stream in our country. The modified Law of Civil Procedure of the People’s Republic of China of 2012 and the Judicial Interpretation of the Supreme People’s Court’s Application of the Law of Civil Procedure of the People’s Republic of China come into force in February 2015 have performed an important function upon establishing and improving the system of spoliation of evidence in China. However, these provisions are simple, incomplete, lack of logics and feasibility. Therefore, it is necessary for China to improve the system. To be specific, the interests of the person who perverts should be taken away so as to eliminate the behaviors of perverting proof and to resume the de facto equality of the parties as far as their status in litigations is concerned.The thesis starts from the concept of the system of spoliation of evidence, makes a comparative study of the system in the countries and regions of two legal families. Based on the analysis of the existing problems of this system, the author puts forward some suggestions on further improving the system in our country.