A Study On The Obligation Of Documents In Civil Action

Chinese Evidence Act draft legislation has an important project to explore Chinese Civiland Commercial Law Centre for Scientific Research, the experts through the "Civil Rules ofEvidence,""Regulations on Civil Proceedings Evidence opinions" of research, the drafting ofthe law of evidence, from the perspective of the draft legislation in recent years, many expertsand scholars have recognized the instruments proposed obligations are put forward theirviews on the draft.2013New "Civil Law" into effect, compared to2007, but "Civil Law", theevidence is insufficient to make up for some of the aspects, but still a lack of concretemeasures to collect evidence on the parties.Throughout many countries of the world or procedural law of evidence, evidence of theinstrument as an independent method, because of its clear, direct and stable characteristics,has an extremely important role in evidence to directly prove facts of the case. The growingpopularity of modern society, technology and culture and development, the most importantinstrument to become civil acts record carrier, became the most widely used civil action in theform of evidence. Thus, for the parties to provide procedural safeguards for the collectioninstrument, so that the parties can be collected from the hands of a third party or to thedocumentary evidence, in order to ensure the legitimacy of the trial and the legitimateinterests of the parties. Based on the type of instrument in evidence in modern civil litigationand has the advantage of combining many of our provinces pilot investigation system, mainlyon instruments made from the five obligations:The first part is to introduce the obligation to present an overview of the instrument, theinstrument is a certain thought or content through text or other symbolic objects, when its useas evidence, saying it was documentary evidence, holders of evidence requested by anapplication to the Court instruments proposed instrument should fulfill the obligation, basedon the theoretical basis of equality of arms, the right to a better protection of the parties togather evidence, instruments proposed general obligation obligations becoming proposesfurther expand the scope.The second part describes the proposed scope of the obligations of the instrument, theparties and hold instruments and instruments made liable third party assumes the obligationsof the burden of proof as a subject, as times change the environment, legislative system is also different, respectively, from the list doctrine and summarized doctrine describes two aspectsof the scope of the instrument should be made, it should be limited in the scope of thismeasure to protect the interests and the interests of the secret proceedings, based on thespecific provisions of the parties and the subject of a third party, other than to protect theinterests of its secrets.The third section describes the instrument applicable to the program proposedobligations, the burden of proof in writing to apply for the court, and bear a particularobligation to ensure clear holders and ask the court paperwork, when the person adducingspecific difficulties, the holder has a particular obligation to assist, applicants specificinstruments help to solve the structure of the modern type of partial evidence in civilproceedings in the case. From the form of the court to review the substantive examination, asecret from the general review of the review, depending on the circumstances or the rejectionof the application or the ruling party and the third party made instruments, the parties and thethird party refuses to accept the verdict, can lodge a protest.The fourth part is to introduce sanctions to force through different parties and thirdparties to fulfill obligations made instruments, in accordance with the relevant provisions ofeach country, not the interests of the parties to take major action on sanctions, there are fourpeople on the third sanctions measures: economic sanctions, enforcement proceedings anddetention.The fifth part described in the preceding four parts, combined with Chinese laws andregulations as well as evidence on aspects of China’s many provinces pilot investigationsystem, legislation and judicial practice, improve investigation system, the obligation to buildour instruments proposed system, the expansion of the parties while collecting evidence rightsprotection means the parties to gather evidence, mainly from four aspects introduced, so thatthe instrument proposed statutory obligations, on its basis from the scope of application andexamination ruling raised the cost of third party claims clerical sanctions five measuresproposed to construct an instrument of the obligation system.