Font Size: a A A

Ensuring The Parties Evidence Collection Rights Of Civil Trial

Posted on:2009-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:M Q ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the civil trial way reform process, one of evidence system reform's performance is adopted the parties are primarily and the court is auxiliary on collecting evidence. However, parties haven't been expanded their evidence collection rights with their onus of proof aggravation. Parties"difficulty on evidence collection"still exist, especially when the third party holding the evidence, the parties collect evidence becomes more difficult.Under our country legal environment, this article start with the third party holding evidence angle, research how to solve problems from legislation and judicial, so as to safeguards the parties right on evidence collection.View on legislative, making evidence collection rights in detailing, programming, institution and reality can strengthen parties'evidence providing liability. On improving remedies aspect, we may consider enlarging the scope about parties applying for evidence collection by court, and aggravating the punishment to the third parties who have not justification and refuse to provide evidence. In the economical compensation's drive system aspect, we may supply the third party some income, carry on the stipulation to the compensation time and fee's payment pattern and enlarge punishment to forged evidence.In judicial practice, we may deal with all kinds of legitimate and effective evidence collection methods to confirm and carries on the rules and regulations, the rules should clear court's evidence collection responsibility, punishes to negative or hinders evidence collection's behaviors.As to refuse to provide the evidence by the third party, we should utilize multi-level and multiplex measures, which can make various systems and procedures coordination, urges the evidence possessor providing evidence without justification, thus strengthens the parties evidence collection rights.
Keywords/Search Tags:evidence collection difficulty, evidence collection rights, economic compensation rights, evidence collection applying
PDF Full Text Request
Related items