The Investigation Of Proofs By The Court

Justice is the most important value of law. Since there is law, people have begun to seek justice. There two kind of justice: substantive impartiality, procedural impartiality. The principles of justice include: the neutrality of the judge; the principle of procedure equality; the principle of participating; procedure autonomy etc. The investigation of proofs by the court is one of the elements in the civil lawsuit, which should accord with the principle of justice.The investigation of proofs by the court has relation to the mode of trial. In the adversarial system parties in the lawsuit play an important role. The investigation of proofs by the court is limited. However with the development of the society, the power of the court is too limited to control the process of the trial. The power of the court is developing in the practice in the western countries.In the authority mode of trial, the court controls the process of the lawsuit. The investigation of proofs by the court widely occurs. There three phases in Chinese law: before the legislation of civil procedure law (trying out) 1982; from 1982 to the legislation of Chinese civil procedure law in 1991; from 1991 till now. The investigation power of the court is changing from strong to weak, extensive, unrestricted to limited and procedural control in China.But the system in china is not mature. In the thesis, the writer brings forward a new system, which includes the right of the court and the right of parties in the trial in the investigation of proofs.Firstly, to protest the procedure right of the partied in trial, the law should confines the proceedings investigated by the court. There are two types of proceedings, which should be investigated by the court: procedural proceedings and substantive proceedings. The investigation of substantive...