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Civil Litigation System Of Evidence Collection

Posted on:2008-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShaoFull Text:PDF
GTID:2206360215954410Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the further deepening of reform for the mode of the civil trial in our country, the party's burden of providing proof is emphasized. But we don't provide the effective corresponding safeguards against the right of evidence collection by the parties. The court's evidence collection is one important part of the evidence collection. It is necessary, but is in danger of neglect in practice. Thus, we call for study on the system of evidence collection. The thesis consists of four parts:On the basis of analyzing the domestic and international researches on the system of evidence collection, the preface starts from the significance of the system of evidence collection in our modern civil litigation. Then it extends the necessity of studying on the system of evidence collection.Chapter One gives an introduction to the system of evidence collection and its relevant connotation and features, states its value, and analyses its party.Chapter Two mainly takes American and Germany for example, and compares the system of evidence collection in main countries of the two law systems. On the basis of the researches on it, the thesis analyses the cause of diversity. Therefore, it can give us some experience for reference in order to perfect our system.Chapter Three investigates and analyzes the history and present states of the system of evidence collection in China. From the developmental course of our system of evidence collection, this thesis analyzes the present states.In the Fourth Chapter, the thesis continues to raise some more perfect programs for our system of evidence collection. Firstly, we must put the party's evidence collection first and the court's evidence collection second in our system of evidence collection. Secondly, the thesis puts forward the perfect proposition from the party and court. On the hand of party, through the establishment of some systems such as the investigation order system, compulsive witness system, and the collections of party's concerned statement, the thesis consummates the guarantee against the right of the party's evidence collection. On the other hand of court, the thesis puts forward the norm of evidence collection according to authority, the perfection of evidence collection according to requisition, establishment of inquisition judge's troop and procedural guidance to the party's taking proof from the court.In the conclusion, the thesis makes a briefly discussion about the system of evidence collection and conditions of our country. Further, it indicates the purpose of this thesis at last.
Keywords/Search Tags:Evidence collection, Cooperatation principle, Evidence collection by parties, The court's evidence collection
PDF Full Text Request
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