| Evidence-collecting system is an antique but novel topic. It has existed since lawsuit had becomed a way to settle social disputes. Different lawsuit mode has different evidence-collecting system. Aiming at the various limitations and malpractices of our current evidence-collecting system, its running in practice and research in theory, this paper expects to break through and innovate as following:1. This paper firstly brings forward a better advice draft of evidence-collecting system in civil procedure. It is composed of 62 articles which includes general rules of civil evidence-collecting, rules for parties and their agent ad litems to collect evidence, rules for courts and procuratorates, rules to safeguard parties' and their agent ad litems' rights of evidence-collecting, and rules for law obligations.2. This paper redefines the basic principias and requisites for evidence-collecting in civil procedure. It puts out some basic principias that civil evidence-collecting should follow, including principias of litigants' leading role with courts' and procuratorates' assistance, the equality and honesty, necessary collecting, and the cooperation with assistance. Meanwhile, some basic requests, as to legality, timely binding, carefulness and focus on the merits, should be followed.3. This paper examines the characteristic and objective of civil evidence-collecting. As to the characteristic, it is regarded as a right but not a power in theory. This part refers that it should be mandatory by means of the judicial power for parties and their agent ad litems to collect evidence, in order to change the evidence-collecting from the unitary right to a mixed component with right and power. The objectives of the bodies hereof are classified as the direct and ultimate objective. The direct one is to discover the truth out of cases, and the ultimate one is to guarantee parties' certain specific benefits.4. This paper perfects the means of evidence-collecting and its procedural safeguard rules for parties and their agent ad litems. The methods and proceedings hereof are substantial in the civil evidence-collecting system. Other countries and Chinese Taiwan region stipulate clearly that litigants have right to collect evidence widely with safeguarded methods and procedural rules. By reference to experiences abroad, this part designs the measures hereof and its procedural safeguard rules for parties, and the "Legal Attest Letter" by referrence to that in Taiwan region should be reestablished in our country.5. This part concludes that the courts should standardize themselves when they investigate and collect evidences and the field to cases that courts may collect evidence should be enlarged within measure. Basing on this, this part re-defines the field to cases for courts to investigate and collect evidence. According to present laws in our country, collecting bodies include litigants, agent ad litems, courts and procuratorates. In the future, by the reform of power distribution in collecting evidence, mainly the litigants and their agent ad litems should carry out its task. There is no any nation canceling court's power of collecting evidence completely, which is unsuitable with Chinese practice. However, acts by courts should be regulated. Meanwhile, the distribution of power in collecting evidence can not be absolutely but relatively resonable. It is not preferential that the procedural justice is more superieor than the substantial justice in cases, which whilst is not the ideal target Chinese judicial justice tries to pursue. Thus, the courts' categories in investigating should be enlarged in some degree.6. This paper makes clear the actualities of the civil evidence-collecting system in our country and finds out its "sticking point". The Code of Civil Prrocedure in 1991 and the related judicatory interpretations afterward established the mode that evidence-collecting in civil procedure is mainly performed by the parties and assisted by judges, but without any means and measures for parties. As a result, on the one hand, the current civil evidence-collecting system shows definite rationalities, but on the other hand, also displays many distinct irrationalities in practice. Meanwhile, "the difficulties of evidence-collecting" and "the randoms and chaoses of evidnce-collecting" are the extrusive problems in practice. These problems harm the realization of judicatory justice.7. This paper designs rules of evidence-collecting in civil procedure according to the theory of "constructing harmonious society" and the ideas of judicatory justice, litigation efficiency, procedural safeguard, the principle of parties as the subject in civil procedure and so on. Firstly, according to the current evidence-collecting system, parties have the right to collect evidence, which is lack of rules to inhibit and guarantee in their running. This results negatively in provided perjury, illegal evidence-collecting, attestor to reject witness and so on, which are able to harm litigation orders, to impact social harmony, to injure judicatory jutice and litigation efficiency. Thus, necessary rules should be built up to standardize and safeguard the running of parties' collecting evidence. Secondly, judicatory interpretations strictly restrict the power of courts to investigate and collect evidence. This makes the power of couts approximately be abolished. It unnecessarily accord with legislator's fundamental motivation. Basing on this, courts are more and more unwilling to investigate and collect evidence from the spots which cases taked place and crowds, more and more leaning to evidences that are provided by parties and their agent ad litems. This is in favor of safeguarding parties' status as procedural subject and procedural justice formally, but for revealing the truth out of cases, especially for safeguarding the feebles' interest. As a result, some parties ceaselessly appeal to higher authorities for additional help. It distinctly does not accord with the needs to construct harmonious society. In order to safeguard substantial justice and advance to construct harmonious society, the categories for courts to investigate and collect evidence should be enlarged.8. This doctoral paper examines the evidence-collecting system in civil procedure in our country from theory to practice in the first place. The research is more complete and thorough than other similar research. In theory, the past research as to evidence-collecting in civil procedure are generic science papers or case integrations, among which some have strong technicality but incompletion, some with features in strong practice but for the obvious shortcoming in technicality. This paper strives to overcome above-mentioned shortcomings with innovation formally.On system arrangement, this paper consists of eight chapters. Beginning with putting out questions, it gives analysis and then solutions to them as well. Meanwhile, in Chapter One, it introduces and gives comments and analysis to our country's evidence-collecting system from the following three aspects: present situation of legislation, theory research and justice practice, putting out the argument that as the origin of evidence in civil procedure cases, considering from the above three aspects, the degree of a evidence-collecting is unmatchable with its basic status, and its present situation is unsatisfied. In Chapter Two, this paper gives an analysis about the present situation of our country's evidence-collecting and the formed reasons. In Chapter Three, this paper discuses the subject of civil evidence-collecting system. In Chapter Four, this paper discusses the object of evidence-collecting. In Chapter Five, this paper introduces electively about the method and procedure in civil evidence-collecting in the current laws over the countries with Two different Law Systems and Chinese Taiwan. In Chapter Six, this paper makes a research in the principle of law on the evidence-collecting system. In Chapter Seven, this paper makes a suggestion about the perfecter mode of civil evidence-collecting system and its lawmaking reasons in our country. In Chapter Eight, this paper makes a brief summary about the above chapters, especially chapter Seven, trying to reframe the forms of law thoroughly and systematically, from its general rules to the details. In logic, Chapter One is subject to the mode of "putting out questions", Chapter Two to Seven subject to "giving analysis" and Chapter Eight subject to "giving solutions".The research objective of this paper is the questions of evidence-collecting in civil procedure. Its cutting-in point is the actualities of the evidence-collecting system in our country. Subsequently, this paper analyzes the cause of formation of the actualities, and reviews the history, subjects, objects, method and procedure, as well as law principles of evidence-collecting system in civil procedure. Finally, the research aiming at providing an advice draft for perfecting the evidence-collecting system in our country is put forward. The main angle of view of this paper is set on the face that parties and their agent ad litems collect evidence and the subordinate angle laid on the face that the courts and procuratorates collect evidence. Its main target is to insure parties and their agent ad litems can carry out evidence-collecting, its subordinate target is to standardize the behaviors of the courts and procuratorates when they collect evidence and prevent them from abusing their power.
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