Civil Action In The Parties' Evidence Collection System

In this dissertation, the connotation and its extension of system for collecting evidence by litigants shall be defined based on discussion about the status and function of evidence collection by litigant in the course of civil proceedings. By further analyzing relationship between system for collecting evidence by litigant and right of proof as well as the mode of civil procedure and burden of proof, the author highlights the importance and urgency to establish rational system for collecting evidence by litigants for theoretical research and the practice, and analyze its value of justice and efficiency; meanwhile, the author reviews defects existing in the system for collecting evidence by litigants of China and their causations on the basis of study on this system abovementioned of Anglo-American law system and Romano-Germanic family. At last, the author put forward some immature ideas to perfect the system for collecting evidence by litigants of China considering the procedural safeguard, role definition of the court and strengthening of litigant's capability in evidence collecting. The dissertation includes parts as follows:Forward: In this part, the author reviews the problems existing in legislation and operation of the system for collecting evidence of China in order to highlight the importance and urgency to study the system abovementioned.Chapter I: At first, the author briefly introduces the system for evidence collecting by litigants, and then, analyzes its relationship with right of proof as well as the mode of civil procedure and burden of proof, further, points out that degree of the system perfecting shall impact on exertion of right of proof. At last, the author makes out that establishment of rational system for evidence collecting by litigants shall be the premise for implementation of debate system and actualization of burden of proof; otherwise, all of these shall be the air castle.Chapter II: In this part, the author points out that justice and efficiency shall be the basic values of the system for evidence collecting by litigants; consequently, makes out that the value of justice shall be prior to the value of efficiency. The value of justice includes substantiality justice and procedure justice which should be combined to meet requirement of justice. Chapter III: The author researches the system for evidence collecting by litigants of typical countries respectively belonged to different law families, and analyzes trend of amalgamation on the system for evidence collecting by litigants of different law families; further, point out the elements which can be used for reference to build the relevant system according with the situation of our country.Chapter IV: By introduction to related litigation of the system for evidence collecting by litigants of our country and comparative study on mature theories and successful practice of some foreign countries, the author particularly analyzes defects in litigation related to our system for evidence collecting by litigants and issues brought forth consequently in practice.Chapter V: The author conceives ideas for building the system for evidence collecting by litigants of China considering the procedural safeguard, important role of the court in evidence collection and strengthening of litigant's capability in evidence collecting, which safeguards the reform of civil trial mode even the civil proceeding system.As conclusion, the author considers that implementation of the system in written must depend on good operating conditions, of which human factors , such as improvement of legal qualities of citizens and government official, enhancement of legal sense and transformation of litigation sense are all-important. Further, the author highlights the purpose in composing this dissertation.