Study On The Civil Evidence Contract

Civil Evidence Contract(hereinafter referred to as"EvidenceContract")refers to an agreement, which includes the contract of burdenof proof, concluded by the parties who want to enter into unanimousopinions about the way of proving facts of the ongoing or possible futurelitigation and, directly or indirectly, to produce the effect on theprocedural law. Evidence Contract is propitious to realize fair andimpartial, and speed up the lawsuit, reduce litigation costs, restrictingthe jurisdiction and the judges'arbitrariness, and achieve the civilpurposes, and promote the democratization and modernization of litigation.This paper, which focuses on the theoretical angle of view and in orderto found up evidence contract idea in people's heart, intends to beginstudy from the concept of evidence contract and provide a theoreticalbasis. The main text is divided into four chapters.First chapter,which is divided into three sections,is the outlineof the evidence contract. First section introduced the concept of theevidence contract. Second section classifies the evidence contract inconformity with different standards. And the third section, whichcombines the concept, analyses the nature of the evidence contract.Second chapter made the correlation introduction to Chinese currentevidence contract's relevant legislation and judicial practice, and is divided into two sections. First section discusses Chinese legislationpractice of evidence contract, and undoubted explains that there are rulesabout evidence contract. Second section evaluates the rules.Third chapter undertakes a discussion about the theoretical basis andvalue of evidence contract, and is divided into three sections. Firstsection discusses the legal basis of evidence contract. Second sectiondiscusses lawsuit model basis of evidence contract. Third sectiondiscusses evidence contract's value, which makes the legislationpractice and the paper studying meaning.Forth chapter draws lessons from the principle of"freedom ofcontract"and takes a study on freedom of evidence contract, and isdivided into two sections. First section points out that the partiesshould conclude evidence contract freely as the law allows. But evidencelaw's particularity makes it possible that bad aftereffects may bebrought. Second section brings forward some limitations of freedom ofevidence contract to aim at the possible problems.Fifth chapter, which is divided into two sections, is a study aboutthe effectiveness of evidence contract. First section analyses theprecondition, includes formal and essential terms, before an evidencecontract becomes effective. Second section is something about evidencecontract's claiming and effectiveness. If parties want the evidencecontract to take effect on law suit, the parties have to claim thecontract.Sixth chapter is an imagination about our country's EvidenceContract System, and is divided into three sections. First sectionanalyses the local conditions of evidence contract in our country andbrings forward that both advantages and disadvantages exist in our country.Second section suggests forming and refining basis of Evidence ContractSystem. After making some inspections of overseas'legislation practice,the third section gives a legislation design in our country and points out that we should perfect relevant systems.