Study On The Controlling Mechanism Of Civil Evidence Procedure

The civil evidence system, to some extend, focuses on adjusting the configuration ofthe rights and obligations among the legal subjects, and the control of civil evidenceprocedure basically refers to, during the course of civil judicial evidence, the configurationof the functions between the judge/court and the parties. The cybernetics of civil evidenceprocedure control is the basic supporting framework of the civil judicial evidenceprocedure, which reflects the usage configuration between the parties and the judge, whoare the main subjects in the legal relation of civil evidence procedure. The cybernetics ofcivil evidence procedure is the guiding principle of civil evidence system, the basicprinciple and system of it, to a great extent, depends on the function of the cybernetics, sothe main point of the civil evidence system reform is to adjust the judge’s public powertowards evidence procedures to form coordinate relations between the litigant and thejudge. By investigating drifts among subjects, civil evidence procedure tends to inquireinto mutual relations between the litigant and the judge formed by investigation andidentification of related cases. It is necessary to distribute reasonably the controllingpower between the litigant and the judge and find the balance of the combination of thepower and rights and form a mutual mechanism to solve the controversy for the judicialreformation. The author, by questioning the traditional epistemology and proving methodto re-recognizing and analyzing the civil evidence movement, and find out somerestricting factors influencing the civil evidence procedure, and distribute the controllingpower reasonably so that the civil evidence movement can proceed fluently. In this paper,there are five parts as the following: the first part is a preface, which is mainly about thetime background, studying significance, studying train of thought and method, new ideasand the basic problems to show how the author think and give a background for this paper,which can reflects the lay-out of the contents and the relations between them. The secondpart is about the basic theory of cybernetics of civil evidence procedure. By starting fromthe concepts of the civil evidence procedure, the author analyzed the subject andprocedure of it, and pave the way for the study. By discussing the original motion andnature, and being guided by the configuration of the rights or power by law and thelawsuit subject theory, the author analyzed the power limits of controlling the procedure ofthe dualistic subject of the parties and judges and make the conclusion of the multivariatevalue of the above-mentioned cybernetics. The third part is about the historic evolvement of the above-mentioned cybernetics. The author studies the relationship among the actionsof procedure control of the subjects, and also from the angle of historic development, theauthor analyzes the relationship between the procedure and controlling of civil evidence.By studying the two judicial proving development phases of medieval period statuaryjudgment and the modern times’ evidence judgment, analyzing deeply the developmentcourse of civil evidence procedure of the period of statuary evidence system, the principleof free intention and the inner conviction so as to find out the naturally regular pattern andbasic features of the civil evidence cybernetics’ historic evolution. The fourth part is aboutthe integrated function of the dualistic subjects in the cybernetics of civil provingprocedure. Being guided by the multivariate systematic purpose and evaluation dimension,the author discusses about the controlling power distribution between the parties and judgeduring the procedure of evidence collection, facts investigation and facts confirmation soas to show the characteristics of this cybernetics. Through distinguishing controversy ofthe legal truth and the objective truth, the author analyzes deeply the situation of thecontrolling power between the dualistic subjects and demonstrates objectively all-roundthe functioning situation of the above-mentioned cybernetics. The fifth part is aboutperfecting above-mentioned cybernetics. By inquiring the dialectical unity theory of truth,value and practice, the author believes that we should perfect this cybernetics throughrecreating the culture of rule of law by analyzing, based on the integrating the Marxisttheory of recognition and value, the ancient China’s thought of rule of law, modern legaltransplantation and civilians’ legal psychology. By discussing the civil evidence systemfrom multi level angle, the author bring up the basic principle of adhering to integratingcivil proving procedure’s regular pattern and the purpose, integrating the public interestsand the individual interests, integrating multiplicities and key elements, integrating thepreferred factors and the sacrifice.