Parties In Civil Litigation System Of Evidence Collection

Recently, the vigorous reform on civil trial procedures has started with clarification of parties' onus of proof, the intensification of which decreases the function of court's role in the process of investigation and evidence collection but increases the main status of parties in giving and interrogating evidence. Out of various reasons, however, the change of onus of proof does not necessarily result in corresponding adjustment and change in related rights and procedures in parties' investigation for evidence. The contradiction in law-making and law-enforcement between the intensification of the former and the tardiness of the latter, thus, calls for study in the system of parties' collection of evidence.Based on the definition of evidence collection, the present thesis describes the features of evidence collection rights, emphasizes the importance of the act of evidence collection and, investigates relative theoretical studies and relevant acts concerning evidence collection in main countries representative of the two law systems via comparison. By comparing and demonstrating existing problems, the researcher conceives a plan for perfecting the act of evidence collection in China. The thesis consists of five parts.The preface introduces the change of reform on civil trial methods and civil procedure modes and briefly stresses the necessity of investigation into the act of parties' evidence collection.Chapter One gives an introduction to the act of parties' evidence collection and its relevant importance and features and also states its necessity.Chapter Two compares the act of parties' evidence collection in main countries representative of the two law systems. No matter whether it is in the Anglo-American law system or in the Continental law system, all countries studied in the present study possess a comparatively perfect act in terms of procedures in and safeguarding parties' evidence collection. Therefore, many of their designs in their systems set a good example for our country.Chapter Three investigates and analyzes the history and present...