中国移植美国域外证据开示程序相关问题探讨

On Relevant Problems of Transplanting American Evidence Disclosure to China

证据开示程序因其利于提高诉讼效率、促进和解、保证司法公正等优点,为多国仿效并移植;中国的诉讼体制环境、民族文化特点和司法制度等异于美国,特别是现代法律文化尚不成熟,目前还不具备移植条件。

With the advantages such as improving procedure efficiency, promoting reconciliation, guaranteeing judicial justice, etc, Evidence disclosure is imitated and transplanted by many countries. In China the lawsuit system, lawsuit environment, national culture characteristics and other internal and external factors are different from those in America, especially modem legal culture isn＇t gotten full development, at present the conditions of transplanting this system haven not been possessed.