Researches Of Obtaining Evidence For Courts In Civil Procedural Law

The vigorous reforms on civil trial procedures has started withclarification of the litigants burden of providing proof and weaken theauthority of court. But Regulations for Evidences in Civil Proceedingsdoesn't provide effective corresponding safeguards against the right ofevidence collection by the litigants. The applicability of the Regulations isinferior because of the uneven economic development, low-level legalconsciousness and Chinese traditional legal culture of no litigation.However the power of the court is too limited to control the process of thetrial. The litigants will lose the ultimate remedies in the truth discoveringcivil procedure. The phenomenon of overemphasizing procedural justiceand neglecting substantive truth in juridical practice brought out themodification of reasons for civil review in Civil Procedural Law. Thisstrengthens the external supervision of obtaining evidence for courts andemphasizes the compelling obligation of the courts in the fact-finding area.This article applies theoretical research, historical investigation,comparative analysis, empirical analysis and other methods to study on thesubject.Introduction starts with practical condition of obtaining evidence forcourts. There is paradox that Civil Trial Reform restricts obtaining evidencefor courts and litigants require it in the juridical practice. The paradoxillumines that we should improve the institution of obtaining evidence forcourts associated with practical situation rather than restricting it.This thesis is made up of four chapters. The opening chapter gives ageneral overview of the subject. The second analyze the relevant institution of extra territory. The third analyzes the problems exist in the court'sinvestigation and evidence collection and in practice; the fourth chapterproposes the conception that consummates our country court investigationevidence collection system by using advanced experience all over theworld.