The Investigation Of The Court In The Civil Lawsuit

In the state legislation of the mainland, the investigation of the court in the civil lawsuit is to ensure the truth of the individual and to enhance the efficiency of the proceedings. Though it has a tendency of shrinkage, it has a manifastation in the traditional mode of trial and the state legislation. The investigation of the proofs is changing from strong to weak , extensive , unrestricted to limited and procedural control. This is the result of penetrating the idea of fair into legislation and judicial departments. It's also the requirments of the judicial reform. The Supreme Court has given the latest judicial interpretation of the investigation of the court and the collecting of tile proofs; and has established two ways of applying for investigation in accordance with the authority and with the litigant or agent of the lawsuit and their own applicable conditions. But while it's playing an active role in practice, it also shows signs of defects and problems of understanding and application in practice. In order to give full play to the investigation legislation and its judicial interpretation and to preserve the unity and the fairness of the law, it is necessary to entrust the legality to the interpretation, to improve the related rules and cancel the investigation rules made by local authority.