A Study of Documentary Evidence Collection on Procedural Safeguard
LI Shu-ning
Abstract
LI Shu-ning
Abstract
When strengthening and implementing the burden of proof in parties, it must endow with them corresponding means, methods and procedural safeguard in investigation collection evidence. Under introducing the main contents relating to documentary collection and supply of the documentation obligation system in common law and that in civil law, this article comments and analyses the legislation flaw in china, and advocates that we should sit for civil law as original version to establish our documentation obligation system . Meantime, learning the experience of mandatory discovery of document procedure in common law to perfect our pretrial proofs exchange procedure.
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When strengthening and implementing the burden of proof in parties, it must endow with them corresponding means, methods and procedural safeguard in investigation collection evidence. Under introducing the main contents relating to documentary collection and supply of the documentation obligation system in common law and that in civil law, this article comments and analyses the legislation flaw in china, and advocates that we should sit for civil law as original version to establish our documentation obligation system . Meantime, learning the experience of mandatory discovery of document procedure in common law to perfect our pretrial proofs exchange procedure.
Key concepts: Safeguard, Obligation, Documentation, Legislation, Law, Documentary evidence, China, Civil procedure