Court's Evidence Collection On Authority

China has the unique social structure and tradition.The law and judicial system development as to adapt the situation of society.From late 1980's, there is a civil procedure reform in China to fit with the requirement of international community.According to the law, litigents have the rights and obligations to collect evidence,and the courts investigate some evidences actively when that is necessary. These accumulate valuable experiences to construct legal society.Entering the 21st century,especially in recent years with the the changing situation of society, we put forward the concept"Judicial Activism".Under the requirement of harmonious, the responsibility of the courts need to be established by law. The author tries to discuss this subject and make opinions of how to perfect the system.This article is divided into four parts.The first chapter is"The origin and evolution of the system". Accoding to the document,the author summarizes the characteristics of the system. From the period of the revolutionary to now, the system has changed three times with diffrent effections, the author expounds the causes of the changement.The second chapter is"The dispute of the system".The author collects the discusses in the academia, summarizes the defects and reasons which cause these.The third chapter is"The system is necessary". The author analyzes the purpose of the civil procedure and the situation of the society, in order to proof the standpoint. There are some regulations of other countries,including starting the program, investigators and limits of authority. These regulations provide useful experience for us to pefect our system.In the last chapter, the author puts forward suggestions to improve the system,such as legalizing the system of investigation command, making up a special team of judge to collect evidence, distinguishing the procedure of collection and judgment, and making up a supervising system for the judge.