On The Civil Litigation System Of Documentary Evidence Collected

It's evidence that facts disputed by the parties are determined by the court based upon. So, rules of evidence collection play a very important role in the law of civil procedure. When it comes to documentary evidence, a perfect collection system of documentary evidence is helpul to protect the rights and benefit of the parties and to find the facts at issue. But in the civil procedure in mainland China,there are many problems needing resolving in the rules of collecting documentary evidence. And it prevents the parties'rights from coming to reality.So in mainland China , study is needed on how to design a effective collection system of documentary evidence in civil procedure.Chapter one deals with the legal principles of the rules of collecting documentary evidence in civil litigation. Adversary system or verhandlungsmaxime, which guides the modern civil procedure, and the aim of trial of fact in civil litigation, decide the value direction, the way and the content of the rules of collecting documentary evidence. In adversary system or verhandlungsmaxime, the parties have the right to control evidence collection. So, rules are necessary which can help one party gather documentary evidence or other kinds of evidence from the opponent or the third person. On the other hand, the aim of fact trial should be "sure truth", not "objective truth"or "legal truth". Then rules of collecting documentary evidence should balance both substantial benefit and procedural benefit.In chapter two, the article introduces and analyses the rules of collecting documentary evidence in civil procedure in German, Japan, Taiwan China,Uk and USA in a comparative way. In these countries whose law belongs to continental lawsystem, such as German and Japan,order for production of a document is a effective measure to help one party collect documentary evidence from the holder of a document. So are the rules of discovery in UK and USA.In chapter three, the author analyses the rules of collecting documentary evidence in civil procedure in mainland China, then comes to a conclusion that these rules cannot effectively guarantee one party to gather documentary evidence from the holder of a document. On the base of the reality in our country and the advanced experience of foreign countries, civil procedure in China may provide rules of order for production of a document to improve the collection system of documentary evidence.