Protection Of The Right On Evidence Collection By Parties In Civil Litigation

In view of the current laws and regulations relating to the parties to a civil trial attorney and the right to investigate and collect evidence of the lack of the necessary security provisions, the article discusses the protection of the clients need the right to investigate and collect evidence and make our country and improve the parties should provide the material means of evidence collection and investigation of Evidence of the regulations envisaged in the procedures the parties bear the burden of proof in the premise, and so should have the right to collect evidence and procedural safeguards, this is just a manifestation of the procedures and requirements. Article to study the civil parties to gather evidence of the procedural safeguards the right to the theme of the gathering of evidence to explain the basic meaning of the right and its legal significance of procedural safeguards; and for the practice of the parties the right to collect evidence of the existence of a major obstacle to improving Chinese the rights of the parties to gather evidence of the specific procedural safeguards measures, including evidence to investigate the system, the establishment of a command system for the submission of evidence, the parties note the system of written questions and witnesses to establish a mandatory system.The full text of four parts. The first part of a brief introduction to China's establishment of a civil action to collect evidence of the parties the right to the protection of the necessity and practical significance. From the legislative point of view there are aspects of reality to prove its necessity and significance. The second part is on the party now in the process of gathering evidence of the difficulties faced and obstacles. Today, a clear analysis of the parties to gather evidence of imbalance in the rights and obligations of the parties to the other party or third party evidence of the difficulties, refused to produce witnesses to testify in court testimony or embarrassment. The third part focuses on the plight of the cause of the main causes of today. In terms of concepts, legislative or judicial process, the community under the influence of environment, inevitably have an important factor in the interaction, entanglement, resulting in the now before us difficulties. The fourth part of the Perfection of the parties in civil proceedings in the concept of evidence-gathering system. Through the exchange of information system such as the evidence to investigate the system, the system of compulsory attendance of witnesses, the parties note system to build a number of specific systems, improve the evidence collected by the parties means and methods to collect evidence sufficient to protect the rights of the parties to protect the way of civil justice reform carried out smoothly.