The Evidence System Of Civil Enforcement Procedures

Evidence system is the important elements in litigation structural model. The evidence applying runs through the entire process in contentious procedure. Civil procedure of execution is one kind of the procedure that the public force carrying out on private right and interests relieves. Civil implementation power has double attribution of judicial power and administrative power. There are a large number of facts of the case in civil implementation need the use of evidence to identify and resolve. Because of the essential differences between the civil implementation procedures and the trial proceedings, the rules of evidence in civil Procedure (trial proceedings) can not be completely applied in civil execution procedure. The establish and perfect the system of evidence of civilian implementation is of great significance to promote the implementation's opening, fair and efficient, and to guarantee the correct operations of civil implementation, thereby solving the problem of difficult in civil execution.Currently, China's ongoing changes to the civil procedure law. The drafting of evidence law and enforcement law is actively operational. Through the contrast between the civil enforcement procedures and the civil trial procedure, this article is trying to analyze the characteristics, status and the existing problems of the evidence system of civil execution. It points out some specific observations and recommendations on the establishing and improving of the Evidence system in civil execution procedure, from the follow aspects such as make it clear the allocation of the burden of proof, make it rich the means of investigation and evidence collection, make it standardized the cross-examination and certification rules, establish the terms about the limitation provisions of proof time in civil execution procedure.In addition to the preface and postscript, the full thesis is divided into five chapters.The first chapter outlines civil execution. It begins with introduce about the concept and the characteristics of civil execution, the attribute of civil execution power. It analyses the relations between the civil execution and the civil procedure, the civil execution and the civil trial. The second chapter is mainly about the contrast of evidence system between the compulsory execution procedure and the civil trial procedure. It introduces the basic elements of the civil evidence system at first, then, analyses the Contact and distinction in evidence system between the civil execution and the civil trial, points out some of the features unique to the compulsory execution procedure's evidence system.The third chapter is mainly about the importance of the evidence system of civil execution. It analyses the significance of the establishment of a system of evidence in civil execution procedure from six aspects.The fourth chapter introduces the status and the existing problems in the evidence system of civil execution. It analyses the assessment of legislation and the existing problems in operation of the civil execution evidence System.The fifth chapter is about the build and perfect on evidence system of the civil enforcement proceedings. In this chapter ,with the implementation of China's civil practice, reference Civil evidence system and foreign legislation relevant provisions, points out some specific observations and recommendations on the establishing and improving of the Evidence system in civil execution procedure.