| 英文摘要 |
Documents, which belong to documentary evidence, play an important role in revealing facts in civil proceedings. But according to the principle of the party producing evidence and proving facts, while documents are in possession of the opposite party, the possessor is unwilling to put forward them and let the certifier get them because these documents may be detrimental to the possessor or the cost of producing documents is high. Thus evidence can not be discovered in debate procedure and judgment can not be made on the basis of enough facts. On the other hand, although the party possessing documents can be compelled to put forward documents by law from the idea of finding truth and achieving equity in litigation information, this method without restriction may damage many rights of the possessor, affect normal operation related to the processor's affairs, and deny the parties' burden of producing evidence. Therefore, the duty of producing documents must be limited and case specific in principle. Even though there are legal provisions about the duty of producing documentary evidence in the Interpretations on the Application of the Civil Procedure Law at present, express restrictive provisions are missing, and there also lacks corresponding procedure of application, trial, adjudication and relief, which influences the legitimacy and effectiveness of this institution's operation. This thesis carries out relatively detailed and in-depth research on the basic framework, the scope of documents and procedural problems of the duty of producing documents. The research of this thesis is believed to have great reference value for the institutional construction and practice of the party's duty of producing documents in our country's civil action. |
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