Civil Litigation Proof Obstruction System Research

In modern civil litigation,there is often the unequal ability to collect evidence between the two parties in civil disputes,resulting in differences in evidence materials between the parties.In the lawsuit,one of the important factors of the success or failure of the lawsuit.Defending the legitimate rights and interests of the weaker party in the lawsuit and reducing the use of the dominant position by the stronger party to obtain illegitimate interests is difficult problem that has been solved in recent years in both theoretical and practical circles.The civil lawsuit proves that the obstruction system has a high research value.The so-called proof impediment refers to the situation where one party intentionally or through its specific actions before or during the proceedings,the other party can not use the evidence fairly,resulting in adverse adjudicative consequences for the other party.In practice,many parties who bear the burden of proof lose because other party’s interference not obtain evidence materials.It is proved that obstructing the construction of the system can be good solution to this.This paper first discusses the concept of proof obstruction.After clarifying the concept.Secondly,it discusses the system of proof obstruction in advanced countries and regions,provides reference opinions for China to perfect the system of proof obstruction.Thirdly,the paper analyzes the present situation and the existing deficiencies of the regulation of proof obstruction in China.Finally,according to the existing defects,this paper puts forward some suggestions to perfect the system of proof obstruction and its corresponding supporting system,so as to regulate and prove the obstruction jointly.obstruction of proof in China,and the corresponding supporting system to jointly regulate the obstruction of proof.