The Parties' Evidence Collection Of The Right Of Protection

Because of the lack of efficient and viable procedural guarantee, although our country' s civil procedure law precribes the parties' right to collect the evidences, it' s still a unwarrated right and the difficulty of collecting the evidences couldn' t be resolved thorughly. As the reform of litigation system goes forward, the lack of the parties' right of collecting the evidences, not only affects the realization of the position of the parties in litigation, but also has great effect on the realization of fairness and efficiency. Therefore, in order to resovle this problem, it' s necessary to endow the parties with them the means, methods and procedural safeguard to collect evidence. And it is the purpose of this thesis to study on the procedural safeguard about the right to collect evidence. The article begins with the analysis of the legislative stipulations of China' s evidence-collecting system and its operation in practice. Then after a general comparison of the system of the procedural guarantee of the parties' right to collect the evidences of some countries, the aritcle tries to put forward a conception which use some concerned experience of the foreign countries for reference to reform our system of the procedural guarantee of collecting the evidences. This paper consists of the following parts:Introduction. This part starts from the significance of the civil evidences in our modern civil litigation. Then it extends the necessity of studying the procedural guarantee of the parties' right to collect the evidences currently.Part I : The analysis of the present condition of the parties' right of collecting the evidences. In this part, after making a brief introduction of the system of civil evidence collection in our country, the writer analyzes the blemish and the shortage existing in the judicatory practice and the lawmaking provision in detail. Later, the article layes an emphasis on the cause of these problems and the result...