On In Civil Court Investigation And Evidence Collection System

Evidence plays a very important role in modern litigation systems which effectuate generally the principle of judging from evidence.lt is the inherent logic of modern judgment that judges apply the law to make a judgment based on the facts determined by the evidence. However,as the base of judgment,evidence should not appear voluntarily in the action .It has a process which is from emerging to operating ,that is to say ,before the judge confirms the facts relying on the evidence,there is a process that is from collecting,providing and querying evidence to adopting evidence and at last making a judgment. This process consists of four sectors which are acquiring evidence,providing evidence,querying evidence and acknowledging evidence and these four sectors constitute the main domain regulated by the evidence system.From evidence systems of all countries,we can make an conclusion that acquiring evidence is the first question in constructing the evidence system.If acquiring evidence is not successfui,it will influence inevitably the work of some other procedures such as providing evidence and acquiring evidence.Therefore, acquiring evidence is the logic beginning of the evidence system.At the same time ,the acquiring-evidence systems' content relates to providing,acquiring and acknowledging the evidence, specially the duty of providing evidence.The two parties and the court share the duty of collecting evidence in civil litigation.In recent years,court'investigating and acquiring evidence has been suffering great criticism from society. How to perfect court'investigating and acquiring evidence system is the focus of legal domain. This essay make some suggestion on the perfection of court' investigating and acquiring evidence system.