On The Reconstruction Of The Written Evidence-Collecting System In Civil Procedure

At the same time of strengthening the duty of litigant to produce evidence, the active civil procedure in our country not only pay attention to endow the parties with the means and safeguard to collect evidence ,but also retain some judge's authorities about collecting evidence in some condition. That situation results in the evidence-collecting system come apart the duty of proving. In order to resolving this problem perfectly and promoting the carry on of civil trial reform in our country, it is necessary to construct the written evidence-collecting system in civil procedure in our country. And it is the purpose of this thesis to study on the reconstruction of the written evidence- collecting system in civil procedure in our country. The article began with the analysis of the rationale of the system of the written evidence- collecting system in civil procedure. Then after a general comparison of the written evidence- collecting system in civil procedure of some countries, the article tries to put forward a conception to reconstruct our written evidence- collecting system in civil procedure. This paper consists of the following parts:Introduction. This part starts from the significance of the civil evidences in our modern civil litigation. Then it extends the necessity of studying the written evidence- collecting system in civil procedure.Part I : The rationale of the written evidence-collecting system in civil procedure. In this part, the writer analyzes the relationship between the value of civil procedure, the model of civil procedure, the idea of evidence involving truth and the duty of prove.Part II: Comparison inspection about the written evidence-collecting system in civil procedure. In the part, through comparing the written evidence-collecting system in civil procedure overseas, the writer gets to enlighten as follows: there is different between two legal systems in the methods of collecting evidence. It reflect that litigant collect evidence by themselves in mainland legal system countries (district) and through judge in English-America legal system country. Part III: The thinking and reconstruction about the active written evidence-collecting system in civil procedure in our country. In this part, wrier introduce the general legislation situation and the problem about the active written evidence-collecting system in civil procedure in our country. Then the article tries to put forward a conception of reconstructing the active written evidence-collecting system in civil procedure in our country, including constructing reasonable model of the written evidence-collecting system in civil procedure, accomplishing preparing procedure before trial, detailing work regulation of the written evidence-collecting system and make full thinking of the measuring and selecting of different interest.Conclusion. In this part, the article make a briefly discussion about the litigating conditions of constructing the written evidence-collecting system in civil procedure in our country, further indicating the purpose of this article at last.