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On The Restructure Of China's Civil Evidence-collecting System

Posted on:2009-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2166360272463360Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil judgment can only be made through the two links—identify the facts and apply the rules. Thus, collecting those needful evidences becomes the key of facts identify as well as the basic premise of civil trial. The important meaning of evidence collecting goes out of saying. However, China's present civil evidence-collecting system exists many shortages which have already made lots of troubles in judicatory practice and even hindered the vigorous reform on civil trail procedure. In this situation, strengthening the study of civil evidence-collecting system can not be delayed any more. With the topic of the restructure of China's civil evidence-collecting system, the thesis describes the present condition of this system, investigates relative systems concerning evidence collection of main countries in two law system and gets some valuable experience. Base on the Jurisprudential theory, the researcher conceives a plan for establishing the mode and specific systems of China's civil evidence-collecting system. The thesis consists of the following parts:Introduction. This part starts from the significance of the civil evidences in modern civil litigation, then introduces the domestic and foreign study situation on this problem, emphasizes the importance of restructuring our civil evidence-collecting system and explains the researcher's train of thought.ChapterⅠ. The analysis of the condition of China's civil evidence-collecting system. In this part, after giving an introduction of lawmaking evolution of China's civil evidence-collecting system, the researcher points out the shortages existing in this system, analyzes the causes of these problems, stresses the necessity of restructuring the system.ChapterⅡ. Investigation of foreign civil evidence-collecting systems and the inspiration. In this part, the researcher gives a general investigation and comparison about the civil evidence-collecting system of several typical counties in two law system. Although there are many differences in detail in those systems, they still get some advantages in common. It is important for us to draw lessons form aboard and perfect our civil evidence-collecting system.ChapterⅢ. Jurisprudential basis of the restructure of China's civil evidence-collecting system. In this part, the researcher states a series of jurisprudential theory: the adversary system and its revise, procedure's intrinsic value and external value of unity, discover the truth, in order to establish theory basis to support her ideas on restructure evidence-collecting system.ChapterⅣ. Restructure the mode of civil evidence-collecting system. In this part, connecting with China's national conditions and absorbing useful experience from related systems abroad, the researcher proposes that China should establish their own mode of evidence collection—the parties have initiative in evidence collection, the judge gives necessary helps and procedure controlling by power, while other subjects are gave certain right to collect evidence.ChapterⅤ: The researcher's own ideas about restructuring specific systems of China's civil evidence-collecting system. The researcher suggests that to improving the parties' means and ways in collecting evidence and furthermore to restructuring China's civil evidence-collecting system, we should establish the system of investigation order, perfect evidence-exchange system and the system of witness testify.Conclusion. In this part, the researcher sums up the basic structure and the main viewpoints of the whole thesis, reaffirms the purpose and significance of the thesis writing.In this thesis, the researcher takes theoretical analysis, comparative analysis and other research methods to study civil evidence collection as a macro system, constructs the basic framework and substantiates the specific content of this system. From a procedural point of view and based on jurisprudential theories, the researcher puts forward the three aspects of judges' power in the evidence-collecting to understand—the power to collect evidence directly, to control the evidence-collecting procedure and to punish those who do not fulfill obligations. The researcher goes further that the judges' guidance to the parties in collection of evidence should be strengthened, and evidence collection should be a collaborative activity that the judge and the parties together to complete. The researcher insists that witness's obligation to testify is to the state but not to the parties, and the parties' means to collect evidence must be expanded. The thesis has many innovations in the structure, perspective and point of view.
Keywords/Search Tags:evidence-collecting, restructure, parties' in initiative, procedure controlling
PDF Full Text Request
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