Civil Litigation System Of Evidence Collection

The vigorous reform on civil trial procedures has started with clarification of the party's burden of providing proof,which has been emphasized more than before.But the country doesn't provide effective corresponding safeguards against the right of evidence collection by the parties.Therefore,it is necessary to make researches on how to establish a civil evidence collection system,which can meet the needs with our national condition and the modern society.This thesis consists of four parts:the introduction,the body,the conclusion and the bibliography.The introduction is a thorough review about the domestic and international research on the evidence collection system and its development.And it puts forward the question how China establishes its evidence collection system.The body consists of four chapters.The evidence collection system is introduced in Chapter One.This chapter provides the definition of evidence collection,distinguishes evidence collection by parties from that by the court,and makes a systematic analysis of the function of evidence collection.Chapter two mainly takes American and Germany as an example,and compares the evidence collection system in main countries of the two law systems.The researches into it can give us much experience for reference in order to perfect our system.Chapter three investigates and analyzes the history and current state of the system of evidence collection in China.From the developmental course of our system of evidence collection,this chapter analyzes its current state,and discusses the reasons. Chapter four,the key chapter of this thesis,gives some suggestions on perfecting China's evidence collection system.We analyze the mode of the evidence collection system China should adopt,and then provide the solutions to perfect it.