Reconsideration Of The Reform Of The Institution Of Investigating Evidence In Civil Procedure

In the period of the Civil Procedural Law (trying version),China is a typical inquisitorial mold country, which emphasizes the duties of the court in the thorough examination of evidence and the absolute pursuit of objective truth. It is a mold which brings too many duties when the court tries to discover the truth and infamy when cannot. With the perfection of the marketing economy and the strengthening of the consciousness of citizen's self-awareness and rights, more and more civil cases flood in the court, which causes the delay and compulsory intermediation in the former procedural mold followed by inquiry of court. The reform of the duty of proof will achieve greater procedural justice, which keeps the neutrality of judge and forces the parties involved to produce evidence to win the case. Within the time of the publishing of Civil Procedural Law 1991 and the Civil Procedural Evidence rules 2001, the goal of the trial mold reform turns out to be right, and meets the need to realize the procedural value and promote the efficiency. But there are still some defects for the lack of some relevant regulations. The absence of some material methods and procedures, the constraint of the compulsory deputy system and the limit of the ability of proof aggravates the unrealization of the suit and the burden of the proof of the two parties. During the changing process of the inquisitorial mold to the trial mold, the burden of proof is given to the parties except the investigation right, which leads to unequality of the ability and the duty of the parties and to the realization of substantial justice. Consequently the article focuses on the way to enhance the subjective and objective proof ability of the parties and maximize the substantial justice. The article can be divided into four parts:Part 1: retrospection of the history and actuality of the evidence collection systemPart 2: problems of the systemPart 3: making clear the misunderstandingPart 4: producing a clear perfecting method to set up a Chinese evidence collection system by using advanced experience all over the world.