Court's Investigation And Evidence Collection In Civil Action

The civil action pattern in our country is transforming from the authority to the litigant. Dispute still exists in the theory world on whether the court′s investigation and evidence collection has the necessity to exist. Because the content related to the law is too principle and simple ,judges have the different understanding towards how to operate in practice .If the different meanings can′t be eliminatead and unified promptly ,further reform of the civil action will be inevitably made .The author thinks at the moment the ivestigation and evidence collection in people′s court is essential and plays an important role in civil action .In some cases ,the results of the court′s investigation and evidence collection takes great effects on determing whether the litigant′s viewpoints are right ,wrong ,true or false .It will bring advantages to verify the fact of the case and make the fair adjudication .The author supports the court to exercise its power of investigation and evidence collection .This thesis thoroughly discusses the power of the court′s investigation and evidence collection ,expounds its validity and rationality in the civil trial .It also analyzes the difficulties in practices proposes some solutions and puts forward some suggestions to some parts which need to be improved in the court′s investigation and evidence collection legislation .The author hopes this article can offer the introductory remarks so that other may come up with valuable opinions .It can cause the law community to emphasize the court′s investigation and evidence collection and hopes the related legislation involved in civil action reform can be improved .This thesis is made up of six chapters .The first chapter is the introduction and proposes the issue ;the second elaborates the validity and ration a lity in the court′s investigation and evidence collection ;the third analyzes the problems exist in the court′s investigation and evidence collection and in practice ;the fourth elaborates the relations between the litigant′s presenting evidence and the court′s investigation and evidence collection ;the fifth proposes suggestions of the related legislation ;the sixth concludes the viewpoint .