On The Purpose Of Civil Evidence System

The purpose of civil evidence system is the premise and starting point to study civil evidence system, with state will, objective regularity and concept as its three key characteristics, and guiding, restricting, being in harmony and ensuring as its four functions. The research on the purpose of civil evidence system has theoretical significance as well as practical value.In history, there exist four kinds of different evidence system. The purpose of the divinity evidence system is very clear, that is to maintain the survival of the community of society by settling disputes and stopping argument. Compared to the divinity evidence system, the dim evidence system not only embodies the request of resolving disputes, but also implies that people make efforts to discover the truth of the matter. The legal evidence system assures the united society of feudalism autocracy, protects the judge from acting arbitrarily, and is closely related to the development of productivity and the historical condition of society at that time. Discreditionary evaluation of evidence, getting entangled with the details to restrict the judge's arbitrary actions no longer, aims to pursue equality, liberty, human rights and relative justice.Evolution history of four kinds different evidence system indicates that this is a process of exploring more rational evidence system that appeals to human being's reason unceasingly, it is linked with the ceaseless rise of human's cognitive ability and the admission and respect of people's main body, and is complementary to value choice and functional realization.In our country, the evidence system of seeking truth from fact runs after finding the factuality on one hand, and it strengthens court's authority on the other hand. It has many-sided causes. Objectively speaking, the evidence system based on facts is more beneficial to carrying out the protection on the weak, but it has brought about the public message force of judiciary exceeding downcast current situation, since it lacks a set of delicate system to restrict excessively powerful authority of the court.In fact, both the practical and theoretical circle have profoundly reflected and criticized the original evidence system in our country. Supreme People's Court's some regulation about evidence of civil litigation is owing to resolving these actual problems. In the theoretical circle, a scholar advocates that the fundamental purpose of the Civil Evidence Law is to find the truth. This purpose conflicts obviously to some of the evidence regulations in judicial interpretation. Therefore, it's in great need to establish one kind of late-model purpose to contain entirely the various ideas and value in evidence regulationOn the base of grasping litigious activities'cognitive law, according to reality of our country, thinking synthetically value such as justice, effectiveness, order, and the theoretical circle's achievement, the author holds that the purpose of civil evidence system is to guarantee adjudicative legitimacy, which, theoretically, can include a variety of ideas and value, and, is feasible and operational in reality. Moreover, this position foregrounds the procedure, while admitting its instrumental value. This consciousness may propel the course of ruling by law in our country, which usually neglects the function of procedure.