Study On The Evidence System In The Pre-trial Preparation Procedure Of Civil Action In China

Evidence is the key problem of civil lawsuit .The nature of lawsuit and position of parties decide to be based on the parties that are attacking and defensing each other Judge will mediate between two disputants .In the course of these ,the first problem to be solved is to collect and put to the proof ,it concerns the following systems :who will put to the proof ,how to collect evidence ,when to put to the proof ,how to put to the proof .The systems can cause parties to open evidence in advance ,or settle disputes ,this has momentous significance on raising litigation efficience ,economizing litigation resource ,as well as improving the public reputation of judicial organ .The evidence system stated above depends on the preparation procedure before trial and functions .Therefore ,the system should tallies with the preparation procedure before trial .There are no systematic and complete regulations concerned preparation procedure before trial in our legislation and judicial explaining in force .Preparation procedure before trial ,as only a link of administration of justice ,serves a successful trial ,but it doesn't the necessary function and value of preparation procedure before trial.Since《Civil Procedure Act (Trial editions)》was issued in 1982 ,the system of civil evidence of our country has been achieved great progress .especially《The Regulations on Civil Procedure Evidence》issued by the Supreme People's Court in December ,2001, is a milestone in Chinese development history of evidence system of civil procedure .However ,the system of civil evidence in force ,even the evidence stipulation of preparation before trial is determined along with the transform of procedural system that regards reform of trial ways as main motive force .Because the system is not linking up ,many rules defined by《The Regulations on Civil Procedure Evidence》are alienated in the course of judicial practice .affecting the function of evidence system ,and become negative factors that restricts impartiality and efficience of civil lawsuit .Based on the above analysis ,the text looks upon evidence problems of preparation procedure before trial of civil lawsuit as a visual angle ,through the analysis on contents of evidence system of preparation procedure before trial ,points out the defects of our law regulation ,finally proposes a personal suggestion .The text consists of four parts :theory of preparation procedure before trial,evidence system,thinking concerning evidence system of preparation procedure before trial ,as well as tentative plan on evidence system of preparation procedure before trial.The first part is to introduce theory of preparation procedure before trial related closely to obtaining and putting to the proof ,on the basis of investigating foreign legislation ,to analyze the necessity and feasibility of establishing preparation procedure before trial ;The second part is to introduce main contents of evidence system of preparation procedure before trial of civil lawsuit ,including responsibility of putting to the proof,evidence collecting,evidence fidelity,evidence exchanging etc ;The third part is to inspect carefully about Chinese lawsuit tradition and judicial practice about preparation stage before trial ,to analyze completely several problems such as brief introduction on evidence system of preparation procedure before trial,active factors,insufficient procedure structure,strong authoritism ;The fourth part is to integrate with the reform of trial styles and modification of civil procedure act ,on the basis of three parts stated above ,to propose some suggestions on reforming and improving evidence system of preparation procedure before trial.The article mainly originates in realization and understanding of judicial practice ,the chief writing style is a study of comparative law .The fundamental view is to use the experience of other countries for reference ,to combine Chinese current related legislation ,to give full play to creativity ;Based on related system structure of collecting and putting to the proof established in evidence system in force ,to establish Chinese preparation procedure before trial ,to bring lawsuit evidence system of preparation procedure before trial into full play during performance ,finally to reach efficient and impartial trial theme.