Research On Documentations-submission Obligation

It is evidence that facts disputed by the parties are determined by the court based upon. That's why rules of evidence collection play a very important role in the law of civil procedure. Because documentary evidence is very important in a lawsuit among different kinds of evidence, many countries establish a collection system of documentary evidence. A perfect collection system of documentary evidence is helpful to protect the rights and benefit of the parties and to find the facts at issue. But in the civil procedure in mainland China, there are many problems in the rules of collecting documentary evidence, especially lacking court order for submission of documentations. Because of lacking the documentations-submission obligation, it is difficult for litigants to investigate and gather evidence, especially to obtain evidence materials from the other parties and the third party outside proceeding. To perfect collection system of documentary evidence, we should learn successful experiences and measures abroad and combine them with actual situations in our country in order to establish documentations-submission obligation.Chapter one deals with the meaning of documentations-submission obligation and the legal principles of documentations-submission obligation.In chapter two, the paper introduces and analyses the documentations-submission obligation in USA, German and Taiwan China. In German and Taiwan China, court order for submission of documentations is a effective measure to help one party collect documentary evidence from the holder of a document. So are the rules of discovery in USA.In chapter three, the writer analyses the rules of collecting documentary evidence in civil procedure in mainland China, then come to a conclusion that without the documentations-submission obligation, these rules cannot effectively guarantee one party to collect documentary evidence from the holder of a document. To establish the rule of court order for submission of documentations is very necessary. In chapter four, the author studies on how to establish documentations-submission obligation in mainland China.