Civil Procedure Documentary Evidence Collection System

Documentary evidence gathering system of civil procedure means a series of institutions which deals with discovering and gathering documentary evidence in civil litigation. The core of this system is about relationships among the court and the parties and the third party when the opponent or the third party who owe documentary evidence but are reluctant to provide.Establishing and improving documentary evidence gathering system will be beneficial to fulfilling the burden of proof in parties and protecting substantive rights of the parties, especially the feeble group of parties. It also will be helpful to alleviate inequality of evidence distribution in modern litigation and the bad effects of partisan evidence and traditional adversary system. And it will reduce litigation costs of the parties.Study on civil documentary evidence gathering system in major countries of two legal systems , we will find kinds of methods about documentary evidence collection and systematic and detailed regulations about rights and obligations of the parties and the third party in this system. The common law countries' implement form of documentary evidence gathering system of civil procedure is different from the continental law countries' , but they are all compulsory documentary evidence gathering system in essence. Considering the present circumstances of rule of law in our country, the continental law countries' documentary production order system is more practicable than the common law countries' discovery system. By revising civil procedure law, the continental law countries form a tendency which documentary production order system's scope become broad.From many aspects and viewpoints, documentary evidence gathering system of civil procedure has several jurisprudence basis such as faith...