Consummation To Conversation Of Civil Evidence Of Our Country

Evidence preservation system is an important component of evidence system, which has very important effect in legal action and trying, it is not only able to provide the true objective basis for the court acts as out the accurate judge, protect of the legitimate rights and interests of litigants, equal legal action of guarantee interested party position, but also have an evidence opening,the function showing can urge the both sides interested party to know fundamental law case condition, the dispute beneficial to solving by peaceful means before legal action, more importantly, evidence preservation system itself has a civil trial reform of the scope of its degree of perfection will directly influence the effect of trial reform. However, China's current legislation on the provisions of this system is extremely flawed, the lack of in-depth theoretical research. Fortunately, in the civil justice reform process, this issue has attracted the attention of experts and to improve the system of a useful exploration, has accumulated some of the more mature experience. Even so, evidence of China's civil protection system still remain in the judicial interpretation of the level.This paper, through researching the basic theory of evidence preservation system, based on the value, purpose and functions of this system, combining with the preservation of evidence of China's legislative system and the actual status of the outstanding problems, put forward some specific proposals: First , in china, because of lacking appeal before the clear evidence of protection, preservation of evidence lead to the type of loss, the construction of specific systems cause great difficulties and inconvenience, so I proposed that the legislation provides clear evidence of the proceedings before the preservation of the system; second, China's legislation on the preservation of evidence is imperfect. This situation seriously affected parties to preserve evidence for the smooth realization of rights, legislation to real conditions and the conditions to form a complete summarized. Third, in china, in the process of preservation of evidence should pay more attention to the protection of the rights of the parties, specifically including the right to witness the presence of the parties, especially the elected representatives of the preservation of evidence for the wrong balance between the parties as well as compensation for the right to relief; Fourth, Provides clear main body of evidence preservation, put the implementation evidence preservation of authorities into the track of the legal system, taking full account of an emergency situation, to put a clear delineation to the different types principal jurisdiction of evidence preservation, make the time of preservation evidence as limits, realization the purpose of preservation evidence as the principle; the end, clear the effectiveness of evidence preservation, avoid the debate on the validity of evidence preservation in trial or language debate.