Civil Litigation Forensics System

Modern litigating system universally put into practice the doctrine of proof judging, one important evidence, may make a person out of danger, and may also put a person in danger. Before the judge depend on evidence to believe the truth, there is the process of collecting, supporting, interrogating and accepting. The process is made up of taking proof ,producing evidence , interrogating evidence and authenticating evidence. Taking proof is the first link of the evidence system, if the channel of taking proof is not clear, it will influence the quality of producing evidence and interrogating evidence. So the importance of taking proof is self-evident. In the reform of civil trial method, evidence mainly transform one model of the judge's investigating and collecting into another one of parties and agents' collecting and supporting, strengthening the responsibility of parties' producing evidence, weakening the act of the court's taking proof. As a result, the responsibility of parties is aggravated, the previous effective system of the court's taking proof is also basically cancelled, but parties rights of taking proof shorten procedural safeguards, the problem makes parties' taking proof more difficult.The first part of the paper introduces the evolution process of out country's civil system of collecting evidence, pointing out the biggest drawback of our country's present system of collecting evidence is that it has not enough safeguards for parties' rights of evidence-collecting. In addition, the present civil procedural law is also unreasonable for the rules of the interrelation of the court and parties' investigating and taking proof, so the court can't provide the procedural and directive help. The paper also introduces the system of Shanghai investigating ream. Though the system of investigating ream can provide the procedural safeguards for parties' fully collecting evidence, which is beneficial to strengthening the ability of parties' collecting proof, the investigating order has no legal effect, short of mandatory safeguards.The second part of the paper mainly takes the USA, the UN, Japan, Germany for example, and introduces the safeguards of taking proof of the two big families of law. From these, we have the following enlightenments: the system of the taking proof of the two law systems both attach importance to the pursuit of discovering the truth. Though the safeguarding method of the right of taking proof is somewhat different due to the influence of the litigating model, legal civilization and tradition, it fully pays attention to the procedural safeguards, stipulating definite and serious sanction measure against the violative persons of providing proof. The two law systems both make clear the privilege of brushing off testimony, confining the obligation of providing evidence. The court attach importance to utilizing the right of procedure-controlling, not only strengthen the safeguard of the right of taking proof and the management of procedure, but noninterfere the entity decision power of parties, no breach of the neutrality and negative claim of court.The third part of the paper points out the aim of civil litigation is solving parties' dispute, safeguarding judgement on the basis of approaching the truth. So, law should fully safeguard the right of taking proof parties, only strengthening the way of parties producing evidence has erroneous tendency. Civil litigation not only solve parties' dispute, but has the responsibility of protecting citizen legitimate rights, promoting social justice. So, when discovering the truth and personal rights have conflicts, law makes personal rights abdicate the discovering truth, stipulating the obligation of persons concerned providing evidence. In civil litigation parties and the third out of case have the obligation of providing evidence, at the same time, enjoying the privilege of brushing off testimony. The court fully gives play to the right procedure controlling of court. To sum up, that is the legal principles of the rules our country's system of civil taking proof.Finally, the paper points out our country should emphasize the parties' investigating and collecting evidence, at the same time, combining parties' carrying with power with the doctrine of carrying with power organically, instituting the model of combining parties' taking proof with the court's taking proof. On the basis ofadhering to the original institution, we should advance the perfection of perfecting our country's system of taking proof.