Study Of The Civil Evidence Preservation System

Evidence is very important in civil litigation and the system of civil perpetuation of evidence plays a very important role in civil procedure because it can preserve evidence. The system of civil perpetuation of evidence is some relevant authorities of the evidence take protective measures to ensure the force of evidence in specific circumstances. The system of perpetuation of evidence in civil proceedings is of great significance. It can not only protect and implement the party's right to collect and submit evidence, guarantee the court to make a fair decision, promote settlement proceedings for the dispute, the perpetuation of evidence in modern system also plays a set of determining facts, improving the efficiency of the proceedings and evidence discovery and other functions. Looking at Taiwan region and abroad, the system of civil perpetuation of evidence is not only comprehensive and detailed on the provisions of the legislation, particularly those belonging to the civil law of Germany, Japan and Taiwan region, but also in theoretical studies and in practice they both walk in the forefront.But in Chinese mainland, the legislation of the perpetuation of civil evidence is too principle,without specific procedures or their conditions, scope and so on. Such legislation leads to different standards in judicial practice and confusion in operation of the the perpetuation of evidence .So, based on the analysis of the system of the perpetuation of civil evidence extraterritorial and our country current legal provisions, to learn from their practices and experiences,the author proposes the system of perpetuation of civil evidence in China had better reference the legislation of Germany and Taiwan region.We should improve the system of perpetuation of civil evidence on the elements,type,procedure including jurisdiction, applications, procedural safeguards and relief for the parties , the effect and the fee of the perpetuation of civil evidence.