Civil Evidence Collection System Study

This article begins with the significance of the system of civil evidence collection, then the principle of law, the comparison of system of civil evidence collection of some countries, the defects and the causation of our system of civil evidence collection. At last, the article tries to put forward a conception which use some concerned experience of the foreign for reference to reform our system of civil evidence collection.In the part of introduction, the writer deals with the significance of system of civil evidence collection by three aspects. Firstly, a rational system is important to the parties. It not only puts the parties in equal situations, but also esteems the parties. Secondly, to the court, a rational system of civil evidence collection is one of prerequisites that make the courts' judgements justifiable. Lastly, a rational system can make the trial more impartially and more quickly. So it's important for the civil procedure system to gets the trust of the people.This article goes into the principle of search for truth, verhandlungsmaxime and undersuchungsmaxime in the first part. To treat of the principle of search for truth, the writer believes that all civil trial try to search for truth. The difference is just the "truth". Then, the writer reviews the contradiction that many scholars suggested against Soviet and our "absolute truth". At last, the writer accepts the "sure truth". To treat of the verhandlungsmaxime and undersuchungsmaxime, The writer introduces their contents and their applicable ranges. Then puts the emphasis on why the verhandlungsmaxime be formed. At last, the writer points out that Soviet and we did not deal with the relationships between the verhandlungsmaxime and undersuchungsmaxime. And we must do it good to perfect our system of civil evidence collection especially when the market economy be established.In the second part, the article studies the system of civil evidence collection of America, England, Germany and Japan, France, Soviet and Russia by comparative way. At last, the article points out the aspect that may benefit us. For example, district the applicable range between the verhandlungsmaxime and undersuchungsmaxime explicitly; Give the parties strong measures to collect evidence and pay attention to protect the secret privilege of the opposites, and soon.In the third part, the article introduces the history and the actuality of our system of civil evidence collection. Then the writer points out the defects of our system of civil evidence collection in method of recognition, legislation, practice and the result. And the writer considers that the defects are existed even The Supreme Peoples courfs Some Rules of Civil Procedure Evidence be publicized Lastly, the writer considers that our system of civil evidence collection is the result of mutual effect of economy, politics, culture and the reality of our county.In the last part, the writer refers to the concerned experience of the foreign and puts forward four principles to reform our system of civil evidence collection. The principles are principle of define responsibility, principle of note the primary and the secondary, principle of facility and principle of protect secret privilege.