On The System Of Forensic Investigation And Evidence Collection In Court In Civil Action

Court in accordance with the functions and powers is the important way to exercise their respective powers of investigation, also is an important part of civil evidence collection system. With the advancement of civil judicial reform, civil litigation concept from the original super powers, functions and powers doctrine to party socialist transformation, our country court in accordance with the functions and powers, the power of the investigation is greatly weakened. The move is the deepening understanding of the nature and function of the civil procedure law, at the same time with the required fully protect parties debate doctrine of proceedings the ministers agree, so clear and limit the scope of the court investigation according to the power there is the necessity and rationality. Released on December 21,2001, the supreme people’s court about civil action evidence certain provisions (hereinafter referred to as the "rules of evidence") clearly limits the court according to the investigation of the situation, although the rules makes the court more detailed investigation according to the power problem, however, should not be ignored is the evidence rules further narrowed the investigation according to the power authority, the court makes its are limited in a narrow range.Throughout Germany, Japan. France and other countries for the problem of civil law regulations, court investigation according to the power of authority in our country is far less than these countries, and in the operation of the rules in practice also produced a series of negative effects. Countries is the essential purpose of civil litigation system by finding the real realization of entity justice, and the functions and powers and restricted the court already deviated from the countries of civil lawsuit system tries to find real, on the basis of found true applicable civil substantive law ruling, the basic target and basic requirements,also from the always adhere to, and the pursuit of entity justice applicable law tradition in China. The author thinks that, therefore, it is necessary to know the civil judicial reform under the background of the court system of investigation, according to the power of the legal practice of various negative effects of high value, to clarify the court investigation according to the power and the relationship between the parties right of evidence collection. At the same time, the author through the case analysis, comparative analysis and literature analysis method to observe our court investigationaccording to the power of legislation and implementation status, summarized the specific problems, combined with China’s specific national conditions and draw lessons from foreign experience in litigation, the court will be expanded by a suitable amount in accordance with the powers and authorities of the necessity of investigation power, reasonable definition of the court to the scope of investigation, according to the power to build a scientific mechanism of the case facts found in civil procedure.In this paper, the introduction part mainly introduces the court investigation according to the power system on the international research status and development trend, research the importance of court investigation according to the power system.The first chapter references to classic case question, summarized the focus of controversy, raises on the functions of a court in accordance with the right of investigation and the relationship between the right to collect evidence, the parties and show the court functions and powers in accordance with the necessity of the right of investigation.The Second chapter fully expounds civil lawsuit court investigation according to the power system, the basic principle of behind by mastering its theoretical basis, a more profound understanding the system, at the same time, also conducive to further improve the system.The third chapter analyzes the present situation of court investigation according to the power system in China, from the two aspects of the legislation present situation and the implementation present situation investigation, and summarizes the main problems of its in Implementation status.The fourth chapter adopt the method of comparative analysis of major countries of two important legal systems and regions of the court system of investigation, according to the power and to perfect our country court investigation according to the power system to provide reference.The fifth chapter puts forward from the aspect of legislation and judicial ideas of perfecting our country’s court investigation according to the power system. Among them, the emphasis on the increase in court to direct investigation according to the power, verifiable evidence investigation, identification and inquest command and expand the scope of the several ways that.