On The Right Of Investigation And Evidence Of The Parties Of Civil Procedure

Evidence is the foundation of civil procedure, so the collection of evidences is the core of civil procedure activities, though our country's Civil Procedure Law is lack of efficient and viable procedural guarantee. As the reform of litigation system goes forward and the reinforcement of the parties' burden of proof, the lack of parties' right of collection evidence not only affects realization of the parties in litigation, but also on the realization of fairness and efficiency. Then after the analysis of the legislative stipulation and in practice and a general comparison of some countries, we try to reform our system of the procedural guarantee of collecting evidence. This paper consists of the following parts:Introduction. Starting with the lack of procedural guarantee of the evidence-collection in our Procedure Law and extends the necessity and significance of the procedural safeguard for parties.PartⅠ: It intrduces and gives comments and analysis to our country's evidence-collection system from two aspects: present situation of legislation, justice prctice. Formed reasons of the said two aspects .PartⅡ: Reviewing and analysis the system of the procedural guarantee of collection the evidence practically and theoretically in foreign countries. In this part, with comparing the system of the procedural guarantee of the parties' right of collecting evidence overseas.PartⅢ: The legal principle analysis of the parties' right to collection evidence consists of three aspects: characteristics, functions and values.PartⅣ: this part makes suggestion about the perfect mode of evidence-collecting system and lawmaking reasons in our country.Conclusion. In this part, the article makes a brief analysis about the status and affection of the guarantee of the right to evidence-collection in the civil procedure activities. Discussed on the litigating conditions in our country, further indicating the purpose of the article at last.