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In Civil Action Evidence Collection System

Posted on:2012-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:W W XuFull Text:PDF
GTID:2216330344450896Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The our country civil procedure law of the evidence collection right safeguard is insufficient, which makes the parties collect the evidence more difficult. With strengthening the burden of proof in our civil judicial reform, the evidence collection rights have not yet gotten more attentions from legislators and extensive attentions of scholars. This article, firstly, sets forth the connotation of the evidence collection by litigants. And the author also analysises its relationship with the evidence investigation by court and reference the nature and the value of the evidence collection by litigants. Next, the author examines the relevant countries and regions of the Anglo-American law family and civil law family on the parties concerned evidence collection right safeguard. At last, as a reflection to the problem in our system of the evidence collection by litigants, the author put forward some immature measures to perfect it through learning from the two law systems. The paper includes the following several parts:Preface:In this part, from the civil justice reform background of our country, the author point out the problem existing in the evidence collection by litigants, and the importance and the urgency to study the system of evidence collection by litigants.The first chapter:The author sets forth the system of the evidence collection by litigants in general. Then she reveals the meaning and the nature of the evidence collection by litigants, and its relationship with the evidence investigation by court. At last, the author makes out the value to perfect the system for the evidence collection by litigants.The second chapter:The author researches the system of the evidence collection by litigants in two different law families:the Anglo-American law system and the continental law system. Both of them have given full of procedure guarantee, means and methods to the litigants. So we need to learn them in this aspect.The third chapter:The author analysises the present situation of the system of the evidence collection by litigants, and particularly points out the defect in our system.The fourth chapter:The author conceives some feasible ideas for building the system of the evidence collection by litigants. When the litigants collect evidence to the other parties or the third parties, the legislation should guarantee the realization of their rights. In order to make the above into reality, we needs to learn continental law system country.At last, the author thinks that the system operation requires more than the several aspects mentioned above, and it also needs the cooperation of other relevant system. From deeply speaking, it depends on the transformation and optimization in our lawsuit idea, litigation system, the model of litigation, litigation culture.
Keywords/Search Tags:the parties, evidence collection, documents proposed command, proof hinder, witnesses
PDF Full Text Request
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