On The Procedural Guarantees Of The Parties' Certificate Right

The code of civil procedures in our country takes concerned the proceduralguarantees of the parties' certificate right until now is fresh to have theprovision, which not only makes the contents of the code of civil proceduresunable to be linked up organically, even leads to the clash with the antinomyand presents the blemish on the lawmaking technique of our country and lackswith theories investigation, but also makes the party unable to complete theheavy responsibility of proof-offering in the judicial practice, so makesthe good original intention of the reform in trial methods and the whole civillawsuit system reduced to ashes. To solve this problem must strengthen theresearch of the procedural guarantees of the parties' certificate rightconcerned. This not only benefits the theoretical modernization in civillawsuit in our country, but also will push forward the development of thereform in trial methods and the whole civil lawsuit system deeply and willlend itself to realize the procedural value of civil lawsuit. This textintends to start with the analysis of the legislation and the general practiceof the certificate system, and from the basis of arguing that the proceduralguarantees of the parties' certificate right is the inevitable request of thecivil lawsuit reform, and combination to the general investigation of abroadcivil case concerned the procedural guarantees of the parties' certificateright, proceeds with the argument about the value goals of the proceduralguarantees of the parties' certificate right. Finally, this article takesthe earnest study of the construction of the procedural guarantees of the 1parties' certificate right. The article is divided into five parts. The first part: Preface. Starting with the importance of proof in themodern civil case, then amplifies on the necessity of the research concernedthe procedural guarantees of the parties' certificate right for the present. The second part: The general lawmaking situation and operation critiquesof the certificate system in our country. Comments on the general situationin proof since the foundation of our nation particularly at present, analyzesthe situation inaccessible to obtain the proof because of lack of theprocedural guarantees of the parties' certificate right and theirregularities produced in judicial practice. The third part: The expatiation that establishing procedural guaranteesof the parties' certificate right is the inevitable request of the reform incivil case. This part reviews from the change of trial mode, the fulfillmentof the parties' proof-offering duty, the reconstruction of pretrial procedureand the realization of the litigation reform, expatiating the importance thatgives the right guarantees with the necessity. The fourth part: The general investigation of abroad proceduralguarantees of the parties' certificate right. Through the generalinvestigation of procedural guarantees of the parties' certificate right inthe main nations of The two law families, the writer holds: concerning withthe certificate and proof-offering duty taking up the partilism concernedthe parties in the main nations of The two law families, all get sufficientprocedural guarantee, and during the course of the conversation to thepartilism concerned our civil case mode, we should draw lessons from therelated system of the abroad, and establish the chinese characteristicprocedural guarantees system of the parties' certificate right combined withour country's situation, which not only dissolves the antinomy of theconflicts between our laws, but also is beneficial to the reform of the civilcase methods with institutional system. The fifth part: The construction of procedural guarantees of the parties'certificate right. This part first starts with the aspects in favor ofrealizing the entitative and procedural fairness, enhancing litigationbenefit, reforming civil case a...