Civil Evidence Search And Proof That The Perpetrator Of Cost Analysis And Game Understanding

At present, many experts and lawyers pay more attention to reforming Civil Procedure Law and establishing of Evidence Law. There is no doubt that Justice and Efficiency are tendency of reforming and establishing. This essay regards searching for evidence and proof as the object of studying , analyzes the rules of evidence searching and proof by the tools of the theories of cost and game from the view of economy. This essay includes four parts:The first part introduces the assumptions of economy and the basis of law. The former includes the assumptions of rationality, most utility and incomplete information. The later prefer to the basis of competitive character of civil litigation and adversarial system of evidence . On the base of these assumptions, the process of civil litigation is the process which rational parties compete, defend, adverse and transact for most utility ,and ,the process is also the process that parties mash, shift, search and weigh the evidence.The second part analyzes the character of evidence searching and proof and the relation between them. This part maintains that searching for evidence should not be involved in proof , proof is composed of the provision of evidence and cross-examination .Because of the importance of evidence as a source ,searching for evidence play an important role in civil litigation .Searching for evidence is the basis of proof, proof is the main goal of evidence searching .The third part discussed the costs of evidence searching and proof .The parties must payoff to search for evidence and prove. So for the reason of most utility, plaintiff and defendant must to regard their costs. The rules of civil procedure and evidence have important effect on the costs of evidence searching and proof. On the base of efficiency, this part put forward specific adviceon the reforming current civil procedure rules and evidence rules. The forth part maintains that the process of civil procedure is the course of play . The goal of civil procedure rules and evidence rules is to provide for a justice and effective platform for the parties to adverse, transact and cooperate. So how to perfect the system for the evidence searching and the provision of evidence and cross-examination affect the platform.