On The Civil Evidence Collection System In China

Investigation and collection of evidence is the core of the civil proceedings, there is no evidence, it will be difficult to carry out proceedings, the case is also difficult to ascertain the truth. However, the evidence as an objective fact of the existence of material, will not take the initiative in the litigation activities, to be used, it will inevitably call for evidence in connection with the case related to an investigation and collection process. Civil action to collect evidence of our system is going through a collection of models by a judge investigating party surveys to model the process, the changes are consistent with a modern civil proceedings in the basic requirement of a neutral judge. However, this change in the process of how to coordinate the parties and the courts the burden of proof to verify the relationship between the evidence of the current reform of the system of civil encountered a bottleneck. This article focuses on the collection system in our country in the Civil Evidence that the two main parties and the courts the right to collect evidence and perfect the collection of evidence for the parties to focus on collecting evidence of their right to procedural safeguards; for the court focused primarily on the collection of its ex officio evidence of the limitations and restrictions of power.First, this article will carry on the scientific theory to the evidence collection's concept the limits, eliminates the false and keeps the true by the time in the numerous theories, has an explicit assurance to the concept, differentiates the evidence collection and the evidence investigation relations. In grasps the concept in the foundation, will make a summary analysis to the evidence collection's function, is clear about it, in the entire civil action moves the important position. Then carries on to the traditional evidence investigation collection principle combs, the strengthening still had the positive sense principle, the principle which the revision and the modern trial way contradicts.Next, from the comparison test angle, compared with two big legal system's evidence collection systems, will carry on the brief introduction to two big legal system major country's evidence collection system, and performs the brief evaluation to two big legal system evidence collection system's difference reason, has the enlightenment by the time to our country evidence collection system's reform and the consummation and uses for reference.Once more, will analyze our country evidence collection system emphatically, evaluates one by one from the history and the present situation, will elaborate the litigant and the court these two big evidence collection main body evidence collection right with emphasis, and existence question and dispute. As our country civil evidence collection's main body, the litigant and between court evidence collection right's balanced has been our country civil evidence system reform key point and the difficulty. Places on trial the way in our country by the authority principle to the litigant principle excessive process, our country evidence collection system also experienced a judge to investigate the collection pattern to investigate the collection pattern to the litigant the transformation, but because our country legislated about the litigant evidence collection procedure safeguard flaw, in the cause realistic judicature activity, the litigant collected the evidence to be extremely difficult. But the court evidence collection authority's attenuation also has the enormous dispute.Finally, in profits from the foreign legislation system's foundation, proposes some conception to our country evidence collection system's consummation, mainly includes the civil evidence investigation proposes make the system and the copy clerk the order system's construction.