An Theoretical Analysis Of The Right To Prove

The Right to Prove of civil action is the right to be a constraint of the judicial jurisdiction and protection of parties'the dominant position in civil justice. It's accompanied by worldwide wave of judicial reform. Its main purpose is to ease the intensive relationship between efficiency and justice after the process accelerated, And to repair law practice's defects of too emphasis on the rule of formal to the negligence of in the individual subject in the past.In theory, the legitimacy of judicial proof depends on the proper exercise of two forces:one is the judicial jurisdiction, and the other is t The Right to Prove of parties. The logical starting point of the right to prove is to limit abuse of discretion of judges and to prevent arbitrary referee, and its logic core is not right but prove. We must protect the Right to Prove of civil action of parties fully in judicial proof.Foreign academics carried out on the right to prove different treatment based on different rule of law and legal traditions. It is known as "das Recht auf Beweis" in Germany and Germany consider the right to prove as a constitutional procedural right. But in Japan, which focused on solving the dispute, it is known as the "right to the core of the party" with various measures to ensure the realization of the right to prove. In China, the understanding of this issue has not reached a consensus. Scholars generally believe the right to prove is one of the rights of the parties which have the properties of action right. Comparatively, the right to prove has relative independence the litigation system, and Its role is to protect the right of the case rather than to change the system configuration.This paper discusses the theoretical development of the right to prove according to extra-territorial related reference literature on the right to prove. And study on the relationship between the right and related systems such as the standard of proof, evidence collection system, the burden of proof in a particular system. At last, the author analysis the functional position of the right to prove in the Civil Action and the significance of the practice of the rule of law and our legal research.