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The Perfection Of Parties' Right Of Evidence Collection In Civil Litigation

Posted on:2008-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:D HuangFull Text:PDF
GTID:2166360245990631Subject:Law
Abstract/Summary:PDF Full Text Request
The litigants' right to obtain evidence in the civil procedure is the right for the litigant to investigate and collect the evidence by themselves .Although it is definitely stipulated in article 50 and article 61 of the Civil Procedural Law that litigants and their agents have the right to investigate and gather evidences, there are no according stipulations in the Civil Procedural Law and other laws about the procedure and the punishments on how to exercise the right and how to get rid of the obstacles. As the reform of litigation system goes forward, the lack of the litigants' right of collecting the evidence, not only affects the realization of the position of the litigants in litigation, but also has great effect on the realization of fairness and efficiency. Therefore, in order to resolve this problem and promote our country civil trial reform smoothly to carry on, it's necessary to consummate the system of litigants' right of collecting evidence.This article gives an introduction to the concept of litigants' evidence collection right and its relevant features and also states its value. And it compares the system of litigants' evidence collection in main countries representative of the two legal systems. No matter whether it is in the Anglo-American legal system or in the Continental legal system, the system of litigant evidence collection is always the key of evidence litigation. Today our civil procedure is transforming to emphasis litigant principle. And it's necessary for us to model the stipulation of foreign country, for example, the discovery of evidence, investigation order and so on. In order to consummate our litigant collection evidence system, this article gives some suggestions, such as to consummate the procedure before justice and the system of present of witnesses, and to formulate the investigation order and the system of prepared judge.
Keywords/Search Tags:procedure before justice, investigation order, the system of present of witnesses, the system of prepared judge
PDF Full Text Request
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