Civil Evidence Discovery System Research

Author: Han Bo
Publisher:
Publish Date: 2005-08-01
Features: This book elucidates that the history of discovery in modern civil litigation is a history of unraveling the paradoxical relationship between confrontation and cooperation. It argues and demonstrates that the "managerial judge" has not altered the characteristic of discovery being primarily led by the parties. The book explores the relationship between the discovery process and the pre-trial procedural structure, systematically introduces and studies the methods of discovery. Based on the discovery system of common law countries, primarily the United States, as a reference framework, it positions China's evidence exchange system and discusses the necessity, feasibility, and practical pathways for restructuring the evidence exchange system by evidence.