Examination and Reconstruction of Evidence Loss System from the Perspective of Comparative Methods

Abstract

The purpose of the system of evidence disqualification is to limit parties’ abuse of litigation rights and avoid litigation delays. However, China’s discretionary evidence disqualification legislation violates the essence of evidence disqualification and encourages the emergence of transactional litigation, making evidence disqualification in our country a minor issue. We must evaluate the substance of the evidence disqualification system and create evidence disqualification norms in other jurisdictions based on our national conditions in order to manage litigation procrastination and apply the concept of equality of parties. Remove the flaw while keeping the essence. Creation of the pre-trial procedure and application of the interpretation right should be the cornerstone to the system’s construction, according to research. At the same time, based on Chinas’ national conditions, taking the loss of probative power as the consequence of overdue instead of fines and other substantive measures, we should be able to achieve the purpose of reshaping the system of evidence disqualification.