On The System Of Collecting Evidence In Civil Procedure In China

The system of collecting evidence is an important part in civil procedure. It is subject to certain regulatory procedures and it should meet the requirements of legal structureto be able to protect the judgments of the justification and authority. Otherwise the system of collecting evidence is difficult to operate.The constructure of civil procedure emphasize that the various elements of action and the way they interact together. Structural analysis approach is a functionalist analytical framework. It can be from several angles to describe that the system how to get the function. Adversary, is the important concept of civil structures. Therefore, evidence collection system should fully reflect the action structure of the ideas.The present thesis consists of five parts:In part one, the reason of why should select the perspective of the structure of civil procedure about the system of collecting evidence in civil procedure in china is explained. The purpose is to emphasize the advantages of this methodology. Traditionally, our research on the civil from the beginning of the litigation in sense of comparative law. That is the research characteristics of general civil litigation system by using the basic model civil and clarifies the basic mode civil relationship with the specific system. Model of the method supported by empirical and historical basis,but the biggest drawback of this approach is that it is unified thinking from the methodological point of view,That is it study elements in a mode. It exaggerats the differences between the different modes. In addition, it can not explain how such a system to meet the modern pursuit of rapid, equitable, and just needs to settle disputes. And the structural analysis approach of the litigation is precisely to address these deficiencies.In part two, the change of evidence collection system is explained. In the early, civil action is the design political order, then it gradually developments towards market economy,that is making the parties the main program. This change reflects the division of labor changes between parties and the courts or judge. Nature of litigation, decided its inevitable change. The contents of the proceedings that judgment is subject, it rely on the system of collecting evidence that is the reasonable division of labor between the judge and the parties. This requires that dispute settlement will enable the parties have equal right of confrontation, so that the parties can judge the result of voluntary commitment.In part three, the content about the system of collecting evidence is introduced. I introduced in five aspects of the system of collecting evidence of the civil specific content from the scope of civil, civil capacity of the rules of evidence, the parties to gather evidence, the court investigation and evidence collection, and collection of evidence supporting the civil system.This is the content of evidence collection based on perspective of this paper analysis. Only by understanding the civil procedure and the relevant judicial interpretations of specific provisions, it can evaluate the relationship between evidence collection system and our legal structure , and then according to the concept of civil structures to provide constructive advice.In part four, the system of collecting evidence in China is commented. The various elements of action and the way they interact together fully reflects the interaction between the system of collecting evidence and the constructure of civil procedure. Whether the parties have equal rights depend largely on the system of collecting evidence, therefore, the arrangements about the system of collecting evidence should reflect the shape for the constructure of civil procedure. This section is the core of this article. It specifically comments on the system of collecting evidence in civil procedure in China from the perspective of the idea on adversary of the constructure in civil procedure. In part five, several suggestions about how to improve the system of collecting evidence in China are made. The design on the system of collecting evidence shall comply with the idea on adversary of the constructure in civil procedure. Because the parties have equal rights and Self-commitment to the outcome of litigation is a way of promoting due process, it is necessary to improve improve the system of collecting evidence in China. We should further clarify the allocation of the burden of proof, so that both parties will be more clear evidence of the range. We should identify the capacity and the probative force of evidence requirements, and improve Exclusionary Rule.We should establish a system for collecting evidence led by the parties and the operation of the system to provide specific appropriate procedural safeguards.