The Study On The Mode Of Getting The Entrapment Proof In Civil Procedure

The mode of getting the entrapment proof is a relatively new subject in current procedure law scholars, the view of scholars vary to this issue and there aren't any systematic papers spoken of it. However, with the rapid development of the intellectual property and the know-how industry, especially with the development of the computer industry, computer software is becoming more and more important in the IT industry while it is becoming more and more difficult to protect the intellectual property,the know-how and the copyright of the computer software.Researching a computer software needs to devote a large number of manpower,money and time while copying a software only needs simple equipments and little time ,there is no difference between the copy piece and the original one.Yet in the judicial practice of our country, since the concealing and easy to copy quality of that type of tort , it is rather difficult to acquire the proof of tort and it is not favourable to protect the legal right of the obligee, to maintain the stability of the society and the research development of the science and technology.Hence , in order to protect the legal rights and interests and to acquire the tort proof , the party has to carry out getting the entrapment proof , but our country does not still establish the system of getting the entrapment proof in civil procedure at the moment .Given that the conflict between the lack of the system of getting the entrapment proof and the need we do have is obvious, the paper aims to give a broad and systematic research on the type of that mode of getting the proof, to discuss how to use the mode of getting the entrapment proof in our legal practice, which may attract the scholars and the practices in order to make a contribution to the built of the mode of that kind of getting the proof. This paper comprises five parts: The first part analyzes the question of getting the entrapment proof.By means of introducing two cases of using the mode of getting the entrapment proof the paper figures out the formation,the history and the different attitude of this question in the legal practice. The second part analyzes the mode of encouragement and the mode of getting the entrapment proof,in order to make a whole introduction of the mode of getting the entrapment proof.First the paper analyzes the characteristic of the encouragement; Second the paper analyzes the notion,type and the characteristic of the mode of getting the entrapment proof; Third the paper compares the encouragement and the mode of getting the entrapment proof. The third part analyzes the litigant principle of the mode of getting the entrapment proof. From the mode itself, it theoretically analyzes the value and the meaning of it . In the beginning, the paper analyzes the valuable preference of this question ,mostly it values the honesty principle,the litigant justice principle and the society maintenance principle. Then from the judicial justice and the judicial efficiency, the paper discusses the good reason of the "affording opportunity type"of getting the entrapment proof. The fourth part analyzes the "entrapment proof". It is one of the main body of this paper. First it analyzes the notion and the qualification of the "entrapment proof"; Then thepaper discusses the qualification of the "entrapment proof"from the view of removing the illegal proof principle.Finally, the paper discusses the efficacity of the notarial "entrapment proof". The fifth part discusses the applying rules of the mode of getting the entrapment proof in our country. It is also the main body of the paper as part four.From the practice of China, it discusses three points useful to construct the mode of getting the entrapment proof, the necessity of the construction of the affording opportunity type of getting the entrapment proof ,the construction frame and the procedure device,the system maintenance measure. The paper aims to have some achievements: firstly, it analyzes the notion,type,characteristic of this kind of getting the proof .Secondly, it analyzes the litigant principle of the mode of getting the entrapment proof. it theoretically analyzes the legal value of it and analyzes the justness of affording the opportunity type of getting the entrapment proof.Thirdly, it discusses the "entrapment proof", it makes a research on the proof capability and the efficacity of the notarial "entrapment proof".Finally, it gives practical and concrete advices on it, in order to adapt the condition of our country. For example, the type selection of the mode of getting the entrapment proof,the application of the procedure,the system maintenance measure etc.