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Discuss Civil Procedure Evidence Collection System

Posted on:2009-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:W T ZhuFull Text:PDF
GTID:2166360272983992Subject:Procedural Law
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As an important standard,the perfect degree of evidence collection system represents the development level about the states' legal system. Improving the evidence collection system takes vital parts in that ensuring the smooth development of the economy and constructing the harmonious socialist society.At present,our country don't have total law about the evidence collection system,we only have the regulation which the Supreme Court and the Superior court put into effect.The legislation lags judicial practice obviously,which result in many problems, such as lack of guarantee of the party's evidence collection,no rules in the court's collection.This article applies historical investigation,comparative analysis,empirical analysis and any other methods to study on the subject.This article includes four parts besides the preface and the conclusion.Part one,summary on evidence collection system,this part begins from the concept,and then illustrates the evidence collection principles containing legitimacy,truth,timeliness,litigant theory.Analyzing the evidence collection system from the four aspects,fairness,litigation mode, assistance obligation in ascertains fact and the obligation of true statement. At last,on the background of legal economics,I analyze the expense on resource and the cost of time.Part two,study on the evidence collection system,this part describe the evidence collection system of Anglo-American law system,continental law system and the five countries,American,England,German,France, Japan.Comparing the two law system,we can get advantages and disadvantages. Part three,the of our country's evidence collection system.At first, this part describes the history and the present situation of law and judicial practice.The contents of law are 1982 civil procedure law(trial) and 1991 civil procedure law.In judicial practice,the contents divide into the relevant regulation of Supreme Court and district court.The second,I discuss the issues and the reasons in our evidence collection system.Part four,the improvement of our country's evidence collection system.From macroscopic and microscopic aspects,this part discusses central framework and specific system about evidence collection.They involve evidence law,Discovery,the relation between the party and the judge,investigation writ,the collection of witness testimony and statement of parties.
Keywords/Search Tags:evidence collection, discovery, assistance of collecting evidence
PDF Full Text Request
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