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Civil Proceedings Evidence Preservation System

Posted on:2009-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShiFull Text:PDF
GTID:2206360272959070Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence plays a very important role in the civil procedure.The importance of the system of civil perpetuation of evidence stems from the importance of the evidence.This system not only meet the agent's need for collection and provision of the evidence to ensures the court which has jurisdiction makes an impartial judge ,but also can facilitate the agents to get a alternative settlement to the dispute out of the civil procedure.There is only one clause on the perpetuation of evidence in the law of civil litigation in China and has no prescription about the perpetuation of evidence before the civil litigation. In recent years,the importance of the civil pertetuation of evidence has been paid more attention by our country.Although we have added some clause about the perpetuation of evidence before the civil litigation in the dispute of maritime affairs and intellectual property right.There is still defects in the system about the civil perpetuation of evidence that cause the confusion in the judicial practice and have nagetive influence in reality of justice.At the same time,the deep-going research on the issue is still inadequate.So it is necessary to conduct a detailed study in relation to the civil perpetuation of evidence and its system theoretically and systematically. On the basis of the research,the writer wants to put forward advices about how to perfect the system for the civil perpetuation of evidence and other relative issues.The dissertation consists of 4 chapters.The main contents and opinions of each chapter are discussed as follow:Chapter 1 probes on the conception,nature of civil perpetuation of evidence ,points out that civil perpetuation of evidence is a part of the litigation procedure in essence.then the writer introduces the development of the system of civil perpetuation of evidence.After that the writer clarifys the functions and meanings of the system of civil perpetuation of evidence.Chapter 2 analyzes and appraise the system of civil perpetuation of evidence in other main countries(Germany,Japan and Taiwan in main)on the basis of research of the system in those countries.Mainly from some parts as follow:essence prerequisite,form prerequisite,jurisdiction of the court,safeguard of procedural right of the agents,effect of civil perpetuation of evidence.Chapter 3 introduces the legislation of the system of civil perpetuation of evidence in our country. In contrast with other main countries,the writer points out defects in the system of civil perpetuation of evidence in our country.These defects are lack of the perpetuation of evidence before the civil litigation, type,form,jurisdiction and safeguard of procedurcal right deficiency.Chapter 4 gives advices about reasonably reform current civil perpetuation of evidences system in China.
Keywords/Search Tags:Civil litigation, Perpetuation of evidence, Safeguard of procedure, Perfection of system
PDF Full Text Request
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