The System Of Preservation Of Evidence Civil

The system of preservation of evidence civil is an important system built by the civil litigation law. In order to prevent disappearance of evident, the court takes measures to protect the evident, according to the application of the parties or its power. The evidence's objectivity which is the basic nature of evidence, makes the evidence be elapsed and not be eternal. The system not only safeguards and realizes the right of collection and provision of evidence for the agent and ensures that the court which has jurisdiction make an impartial judge and also has benefit to get a alternative settlement to civil dispute. In our country, although the admiralty litigation special procedure law and the law about intellectual asset in the form of copyright and patent have built the system of preservation-before-litigation of evidence civil, and enriched the system, still there are many defects of the system from legislation and harm in judicial practice. It can not only undated to the need of the realities, but also lead to separate the reality in law from the reality in objectivity.Based above, this article probes on the history, conception, kind, function and basic aim of preservation of civil evidence. And it investigated the preservation of civil evidence in the system of common law countries and system of civil law of countries and taiwan region and to contrast them. Compared to them, the realities of legislation and judicial practice of preservation of civil evidence in China has its deficiency, for example, the deficiency of evidence preservation before sue, the undated application condition, the uncertainty of the jurisdiction court and so on. So the article proposes a suggestion on the specific construction of the preservation of civil evidence in our country in the perspective of legislation, such as to consummate the system of the evidence preservation before sue, ensure the application condition of evidence preservation and the jurisdiction court. And it's necessary to endow litigant the right to participate in the procedure of the evidence preservation.