On The System Of Investigation And Evidence Collection In Civil Court

Judicial proof of evidence collected in the survey is the first step, according to the main body can be divided into parties to gather evidence and the courts investigate and collect evidence. Investigation and evidence collection is the civil court proceedings in civil cases, the court in order to prove the specific facts of the case, according to the scope of the law and procedures, collect evidence of legal activity. Investigation and evidence collection of civil court system has undergone a comprehensive sweep by the court to order the parties to gather mainly collected in the survey to supplement the court process. China's current system of investigation and evidence collection in Civil Court in 1991, the main provisions of the Code of Civil Procedure promulgated in December 2001 and the Supreme People's Court, "Some Issues on the provisions of Civil Evidence." The former was established in China to collect their own evidence-based parties, the court investigation and evidence collection, supplemented by the evidence collection system, which investigate and collect evidence against the people's court case was limited. However, there is still a lack of legislation, the provisions are too careless, leading to poor operational practices. At the same time, there are one-sided in practice weaken the tendency of the courts the right to investigate and collect evidence, the court system is facing investigation and evidence collection can not fully protect the rights of the parties, there is also abuse of dangerous or embarrassing situations. Thus, the right to investigate and collect evidence on the exercise of the court appears to show a contradiction:on the one hand to limit and weaken the courts investigate and collect evidence to make the mechanism more in line with the requirements of litigation the other hand, evidence for protection of the rights of parties to the urgent need, the people close to the real the strong demand of justice can not do without the court investigation, called for further expansion and strengthening of the system. I think these two need not conflict, advocating the right to investigate and collect evidence to strengthen the court proceedings on the parties the right to relief and support functions, while preventing abuse of the court or judge and limit the right of the tendency of investigation and evidence collection. This paper discusses the investigation and evidence collection in Civil Court of the basic concept and nature of the investigation and evidence collection through the history of the institution of the Court of Investigation, and to compare and learn from the evidence collected in the survey system of extraterritorial courts, civil courts for investigation and evidence collection of the current problems existing in the system analysis, and to improve the system of investigation and evidence collection of the court to make some specific recommendations. Paper is divided into seven chapters:chapter introduction, the question presented; the second chapter, the court system of investigation and evidence collection an overview of the general theoretical issues; the third chapter, the court investigation and evidence collection system at home and abroad to inspect the legislation; The fourth chapter analyzes the current China's court system of investigation and evidence collection problems and their causes; Chapter V of the court to perfect the system of investigation and evidence collection related to improvement proposals put forward; Chapter conclusion, the article discusses the views are summarized.