On The Impleading Evidence Of Civil Litigation

The function of evidence striving for both procedural and substantial rights of party in civil litigation is undoubted, and the evidence party refers to court when his impleading is significant and decides whether party can pass the doorsill of lawsuit. The evidence for proving litigation right of party and the domination right of the court is so called impleading evidence in theory. Impleading evidence has not been brought into the jurisprudence of civil litigation, and doesn't belong to the legal classification of evidence. Although has not made strictly institutional, impleading evidence always exists in judicature practice and is handled by courts. The existence of impleading evidence makes great influence on the realization of party's litigation right and the register acceptance system of court.The redaction of Civil Procedural Law in 2007 made great changes in procedures of retrial and executes, but no changes in impleading qualification and register acceptance system at all. Theoretic, judicature and law accordance yers group hold different opinions on the existence of impleading evidence. The notion of theoretic group is to abolish demands for impleading evidence gradually, adopt"the creed of petitions syncretism". As the subject take the jurisdiction function, in order to control the abuse of litigation rights and solve dissensions effectively, still insisting on demands for impleading evidence and it is accordance with impleading qualifications and register examination system in Civil Procedural Law. As special professional group, representing the rights of party, lawyers believe that without unification and explicit standard, the right of court in examination process for impleading evidence is too wide, some cases will fail at the beginning point of litigation procedure. Considering the faultiness of legislation and problems in judicature practice, it is necessary to make embedded discussion on impleading evidence.This essay proceed with the identification of impleading evidence, analyses impleading evidence with victory evidence, to make a deeper understanding of the characteristics of impleading evidence. Make a comprehensive expatiate of our country's formulating for impleading evidence and judicature practice, paralleling with situations in foreign country. The existence of impleading evidence has its realistic acquirement and theoretic fundamental, when connected with civil system of our country. This article focus on analyzing the spectrum of impleading evidence and three principles for checking up, modality examination, propriety examination and procedure examination principles. Although the existence of impleading evidence is inevitable, it has many weaknesses. It is necessary to consummate legislation in existing foundation and perfects the authorization actions of court.