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Study On Civil Evidence Preservation System

Posted on:2012-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhouFull Text:PDF
GTID:2166330332474271Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Preserving Civil Evidence is an important civil law system in China, but also a special evidence investigation methods, but our current "Civil Procedure Law" provisions of the preservation of evidence is relatively simple, only in the seventh fourteen states:"the evidence may be lost or difficult to obtain in the case of the participants in proceedings may apply to the people's court for evidence preservation, the people's court may also take the initiative to take measures to preserve." That leads to a lot of practice problems. In this paper, starting from the general mechanism of preservation of evidence, combined with our current situation, with the evidence preservation of different types for clues, the author combs the civil evidence preservation system comprehensively, discuss the possibility of commercialized operation of civil evidence preservation, and try to put forward proposals that improve the system.This article is divided into three parts besides preface and epilogue. The first part starts with several basic theoretical issues of civil evidence preservation, firstly, clarifying category such as the concept, property, function and the effectiveness of civil evidence preservation, and dividing the civil evidence preservation into judicial preservation, notarization preservation, administrative preservation and other several basic types, then discusses the legislation reason and meaning of civil evidence preservation; The second part focuses on the legislation and judicial status of current Chinese civil evidence preservation system, and finds out some existing problems, such as the strict application requirements demanding, the single subject of preservation and the incomplete preserve range, former justice preservation missing, relief way unclear, etc., and analyzes the causes of the formation of them; The third part, according to the existing shortcoming of current system, I put forward rough ideas on countermeasures to reform and commercialized evidence preservation, and finally make redesigned of civil evidence preservation system on the basis.
Keywords/Search Tags:preservation of evidence, judicial preservation, notarization preservation, administrative preservation, commercial preservation
PDF Full Text Request
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