Civil Litigation Proves To Hinder Institutional Research

Spoliation of evidence in the judicial practice of our country has already It is often seen.However, our system of spoliation of evidence is not perfect, imperfect legislation led to the spoliation of evidence in judicial practice emerge in an endless stream. Based on the foreign legislation and judicial practice, from the perspective of comparative law, empirical research methods, makes a relative a comprehensive and in-depth discussion on China’s perfect proof system of spoliation.The first chapter is an overview of the system of spoliation of evidence. This chapter first introduces the domestic and foreign scholars on the spoliation of evidence is mainly based on the definition of the concept of spoliation of evidence to be clear. And then continue to the deep reason of the system of spoliation of evidence reasonable existence,is proof of the inspection system of spoliation of the legal basis.The second chapter is that impede the elements and legal effects. First, from the main elements, subjective elements, objective elements and four elements of the object, the elements that impede the detail. When the spoliation of evidence after the court to the negative evaluation of the parties and the behavior to judge the results of the adjustment to restore fairness between the parties. Supported by case analysis on legal effect of spoliation of evidence.The third chapter is the investigation of current situation in China that hinder the system. The first inventory of the existing system of spoliation of legal provisions and proof of the relevant provisions, these Provisions are mainly concentrated in the civil procedure law and judicial interpretation of the law. Then on our existing system of spoliation of evidence analysis, and discuss the existing legislation and judicial practice in the problem.The fourth chapter is the perfection of the system of spoliation of evidence.According to the existing problems of the system of spoliation of evidence, and put forward reasonable suggestions to improve the legislation. Additionally, system elements of spoliation of evidence, clear legal effect of different types of proof behavior. The subjective culpability of various factors such as the occurrence of spoliation of evidence by judge consider an impediment, all evidence in combination with the results of trial and investigation has been convinced.