Discussing On The System Of Evidence Collection By The Parties In Civil Procedure

Whether in the Adversarial system or in the Authority system, no matter what the standard of proof is, the facts of the case must be found on the evidences. Only when the facts of the case have been proved by the evidences, the adjudicator can make judgment and then resolve the dispute justly. The process of certification includes investigate and collect evidences, supply evidences, cross-examination, certification and finally use evidence to prove the facts of the case, this is a consistent process of progressive layers. As the first step of certification, the investigation and collection of evidences is the foundation in the certification. China's Civil Procedure pursue the conception that the burden of proving is on the party claiming. According to the Civil Procedure Law and other related laws, the litigant of civil procedure must use evidences to prove their claiming is true, or they will bear the adverse consequences. In our country the burden of proving is taken by the litigants, they also have the right to investigate and collect the evidences. But in our law and judicial interpretation ,there are not specific provisions about what evidences should the litigant collect and how to collect the evidences. when the litigants faced with obstacles in collection evidences, they lack the appropriate means of relief. This situation resulting many problems in civil practice, the litigants'rights to collect evidences can not be implemented. This article is focus on the collection evidence by litigants in civil procedure to solve the problem that the litigants is difficult to supply evidences. With the research on the theory and the practice in the collection of evidences by the litigants in civil procedure, the writer want to give some useful suggestion to improve the system of evidence collection by the litigants in civil procedure.The discussing start from the necessity of the establishment of the system of evidence collection by the litigants in civil procedure. Formulating the problem both in theory and practice to show the system of evidence collection by the litigants in civil procedure's important position. And then take a view to the provisions of the legislation and situation in judicial practice in our country, give analysis on the current system of evidence collection by the litigants in civil procedure. The study also combined with the system of evidence collection by the litigants in civil procedure in typical foreign country, in order to give comprehensive suggestion to improve the system.