论民事诉讼中的举证妨碍

On the Obstruction of Evidence in Civil Litigation

举证妨碍是民事诉讼中当事人实施的妨碍他方正常举证,扰乱诉讼秩序常态的行为。相关研究应从分析此行为的基本内容入手,结合其他国家和地区法律的相关规定,试对其法律后果及实质加以探究,从而最终落脚于对我国现行相关制度之评价。

Obstruction of evidence is the system which is executed by one party to obstruct the other one＇ s normal putting to the proof and disturb the perfect order of the procedure in the civil litigation. First, this thesis will introduce the basis theory, then, integrating the relevant articles of continental - law - system countries and areas, analyze the due way of punishment on the obstruction of evidence, finally, appraise the current relevant system and raise my individual humble opinion on the measures of consummation.