The Theories Of The Civil Evidence Preserving System

Evidence is the fact that certifies the case and the basis of justice,which is of importance in judgement for the case.As a system of evidence preserving for retaining and protecting the evidence, its importance is self-evidence. System of evidence preserving in the system of civil law is detailly defined and rare in the system of common law. As one country of the system of civil law, system of evidence preserving has been founded in our country.but for lacking in unified evidence law in our country, these rules are occasionally in civil procedural law and its concerned judge explanation,which seem to be scattered and rough.With the development of our society,the original legislation has been to be blank. The rules about civil procedural proofs by the supreme people's court in 2001 have added two new rules to evidence preserving and proposed the theory of evidence preserving before suit .while the specific procedure were not detailly defined to unifided standard and operation in a mess in practice.Taken together, we try to research system of civil evidence preserving in theory and practice and approach its applicable condition ,subject,limit procedure,and police .and propose some presumptions for the construction of its procedure and for legislative suggestion. The whole text are mainly divided to five parts.The first part is summary that briefly introduce system of our evidencepreserving and its development state at present to illuminate the purpose of this text .combining the rules of abroad and correlate region.The second part is theoretical exploration. In the view of jurisprudence and history,we argumented the development course of system of evidence preserving, and the justification ,necessity of its existence.The third part is to introduce system of evidence preserving in system of common law and system of civil law of some countries and Taiwan region and to contrast them.The fouth part is to illuminate the state of system of evidence preserving in our country and refer to its deficiency and less perfection by analyzing the legislative rules in force.The fifth part is to illuminate the policy to prefect and improve system of evidence preserving in our country.