On The Purpose Of China's Civil Evidence Law

The purpose of theory plays a guiding role in the legislation and interpretation of the Civil Evidence Law. The purpose of Civil Evidence Law is not only to set the ideal outcomes in advance on the basis of objective needs and understanding of its essential attributes and law, but also to make a choice from value objectives on social needs and value orientation by our nation. Therefore, the purpose is not a sheer fabrication by legislators, but affected by objective situations and other relevant factors. The bases of its legislation are mainly from three aspects. First, the essence and its law of Civil Evidence Law. The research on its theory, which are dialectical materialism epistemology, multi-element values of law, and selection theory on balance, will help us understand and master its essence and law. Second, law itself. In our society governed by law, the Constitution of the People's Republic of China holds the highest authority. Therefore, it is quite natural for the legislation of Civil Evidence Law to abide by the spirit of the Constitution, its principle and norms. Third, China's actual conditions. The establishment of Civil Evidence Law is required to conform to the situation in our country.From the basis listed above, the purpose of Civil Evidence Law is multi-element and multi-layer. The purpose of Civil Evidence Law can be divided into two levels, among which the fundamental purpose is to find the truth and the other purposes include the efficiency of litigation, justice of procedure, as well as protecting other interests. There exist both compatibility and contradictions among all these purposes. When they conflict, we should generally stick to the principle of emphasizing on the realization of fundamental purpose and simultaneously giving attention to other purposes. We should also fully consider the demand of the fundamental purpose when dealing with the problems of the collection of evidences by the clients and the judge, the time limit of adducing evidence, the exclusion of illegal evidences ect.