On The Lawyer's Right Of Investigation And Collecting In Civil Litigation System Of China

Evidence is the basis collecting evidence is the core in civil litigation. Civil litigation system from party dominant litigation model to authority dominant litigation model in china, leading to the burden of proof rests on the interested parties. With the development of commodity economy and the degree of specialization, entirely by the litigation parties collect evidence has lagged. In order to avoid the burden of proof in china civil litigation process, the agents ad litem Investigate and collect evidence.While speak to collecting evidence, inevitably involve the right of investigation and collecting in evidence system. The right of investigation and collecting in the thesis mainly refers to the right of investigation and collecting in china civil litigation system. The right of investigation and collecting has been prescribed about parties and lawyers in the Law of the People's Republic of China on Lawyers and Civil procedure law of the people republic of china. In this thesis, my main research is the difficulties of the right of investigation and collecting about lawyers. By comparing the right of investigation and evidence collection system in Chinese and foreign, discuss the influence and effect on parties about perfecting the lawyer's right of investigation and collecting, and find solutions in order to reconstruct civil litigation system on the lawyer right of investigation and collecting.The paper is divided into three parts:Partâ… :In this part, my main research is the difficulties of the right of investigation and collecting about lawyers, analysis of the cause.Partâ…¡:introducing the right of investigation and collecting of lawyer in china civil litigation system.Part III:in this part, find solutions in order to improve litigation system on the lawyer right of investigation and collecting.