Collection Of Civil Evidence Judge's Role

As we all know, the evidence system is the core of procedural law. Any evidence to be believed from the collection must go through the evidence collection, evidence, cross examination and certification of four links. Evidence collection is the evidence of which the first part of the system. Thus, the importance of the evidence is beyond doubt.In the reform of China's Civil Trial, evidence has been collected to comply with "the burden of proof to strengthen the party and weaken the judge's investigation and evidence collection ".In theory, it is no doubt correct, however, the pace of reform too big, too fast, inevitably some overkill. Some law worker who were overly concerned on adversary system, stand fully by the parties to give evidence, judge completely abandon investigation and evidence collection, this led to some judges in the judicial practice can not be accurately located in the evidence collection should be the role of, directly or indirectly affect the collection of evidence, eventually lead to the peoples right are not duly protected. In view of this, the author based on home and abroad to study and analyze relevant existing legislation, from evidence collection of Civil Power of the Judge to make a brief study, To get feedback from the effect.Introduction:this part described evidence collection at home and abroad Research Status, Pointed out the purpose and significance of the topics, This paper describes the overall idea.The body is divided into four parts:Partâ… :The collection of evidence in civil the evolution of the court powers. In this section, first, I describe judges court, leads to judges should have the authority in civil judges,As detailed below, the judge explained in terms of evidence collection pave the way; Second, Author in three stages, Evidence collection of Civil Judge evolution of terms of reference were introduced, and analyze the shortcomings of each phase and its causes. Partâ…¡:The collection of evidence in civil court powers compared with other countries. In this section, first, I describe the judges power of evidence collection about many country from Decision entity, program control rights, sanctions the right of; Second, collected evidence from the two legal concepts, operational procedures of evidence collection and provide evidence on the breach of the obligation of those sanctions, the evidence collected in the judge's powers are compared, with a view to collecting evidence to the judge of the Civil authority can improve the provision of reference content.Partâ…¢:Judge's powers of the Civil Evidence collected in terms of configuration problems. In this section, I will focus on gathering evidence in a civil judge in the decision-making power is too large; Judges to protect the parties to gather evidence and program control is not enough, Judges do not have the obligation to punish those who do not provide evidence, from three aspects of evidence collection in the judges of the Civil is to improving the collection of evidence for the judge's role in the foundation.Partâ…£:Improvement of civil judges power in terms of evidence collection in the idea of configuration. In this section, I draw on advanced systems and the analysis of the shortcomings of existing systems, expressed that we should reasonable allocation of the judge's decision; reasonable allocation of the right to judge the program control; reasonable allocation of the judge's punishment.Writing this article,using historical analysis, Comparative Analysis, and comparative analysis of case analysis. Made the right decision from the entity, program control and sanctions the right of the right, to improve the collection of judges in terms of understanding the evidence, Judge of the parties to gather evidence to strengthen the guidance of, ultimately the legitimate rights and interests are effectively protected.