The Theories Of The Civil Evidence Preserving System

As the lawsuit system's core, the evidence is the weapon of the litigant defends the legitimate rights and interests , also is the referee's basis of court recognizese legal fact of the case.As a system of evidence preserving for retaining and protecting the evidence,its significance in civil proceedings is self-evidence. It not only safeguards and realizes the right of collection and provision of evidence for the agent, and perpetuation of evidence in morden system also plays a set of determining facts,opening evidence and promoting settlement proceedings for the dispute. More importantly, adequacy of evidence preservation system itself is directly related to the trial of the effect of the reform.Looking abroad, particularly those belonging to the civil law of Gremany ,Japan and Taiwan region, the system of civil perpetuation of evidence is not only comprehensive and detailed on the provisions of legislation,but also in theoretical studies and in practice they both walk in the forefront. On the contrary, China's current"Code of Civil Procedure"on the provisions of this system is extremely flawed. Although it is perfected in others laws and its judicial interpretation in the later. But still there are many drawbacks and deficiencies of the system from legislation,it not only can not meet the needs of litigation practice, and even affect the impartiality of the judiciary. Meanwhile, academic research on this issue there was involved in China, but the study is not deep enough. In view of this, based on our country current legal provisions, to learn from foreign more mature and advanced of practices and experiences,and to make a further analysis and research on the system of preservation to our country's civil evidence, and base on this to make a initial and more perfect devise and hope to achieve improvement of China's ligislation and meet the needs of judical practice.