The Protection Of Investigation And Collection Evidence On The Parties

As a purely legal technology,Civil evidence should be the most theoretical part of the civil law. Many elements have great theoretical value and practical significance . But the subject I have chosen about protecting the right of the parties'investigation isn't very difficult or controversial in theory, The key point is that the right of the protection of evidence investigation and collection on the parties is poor in Judicial practice, A set of legal system to protect the right of the parties'evidence investigation and collection haven't been established. After carrying out the relevant legal research and legal practice involved , the writer found that the evidence investigation and collection of the parties played a very basic role in civil law. However, the current theoretical research and judicial reforms are often more concerned about the other evidence system , neglecting the protection of the right of the parties'evidence investigation and collection. Commencement of any civil process, supported by the evidence can not be separated, with the ultimate outcome of the proceedings should "make the evidence speak". In this sense, the right to protection of the parties'evidence investigation and collection can not only protect the legal interests of both parties, but also make the justice of law ture.Facing up the protecting the rights of our parties on evidence investigation and collection is poor, In the first part of this paper the writer analyzes the principle of the protection of the parties'right of evidence investigation and evidence; The second part focuses on the obstacles on evidence investigation and collection system; The third Part draws on national successful experience in the parties'of evidence investigation and collection; The fourth part puts forward the proposal, seeking to build a relatively complete protection system on the evidence investigation and collection and making the parties maintain the maximum protection on evidence investigation and collection . Of course, improving the legal system needs the completion of a legislative, judicial system, and even the political environment .It is not a easy way. It should be confident that the reform of our justice system is in full swing, .Some practical and workable systems have been introduced gradually, Some experiences around our county are going on . Therefore, we should be optimistic about the subject and make a objective, in-depth analysis. Ultimate goal is to protect the right of evidence investigate and collection by the parties and achieve the justice.