The Research On Procedural Safeguard Of Evidence Collection By Civil Parties

The right of collecting evidences by parties is the vital right which can disclosethe truth and accomplish the task of civil action, Though the Civil Procedure Lawprescribes the parties’ right to obtain evidence,it is still an unwarranted right becauseof the lack of procedural guarantees. In practice, the problem of evidence obtaininghas not been solved thoroughly.Analysis of China’s current evidence collection by the parties proceduralprotection present situation, it is not difficult to find the parties in evidence collectionprocedures in the face of prominent dilemma is: hard from other parties to collectevidence; from the third party agency forensics; witness refused to testify in court aswell as the party’s evidence collection ability limited. Investigate its reason, besidesthe different action mode of traditional influence, evidence collection proceduressecurity systems, evidence information monopoly and other parties’ legalconsciousness and legal agency services such as the lack of negative factors have alsoled to a certain extent by the plight of the form.Civil trial proceedings and litigation system reform continued to deepen, asconstruction of our country’s civil litigant evidence collection procedures guaranteemechanism to provide a relatively mature social condition and theoretical support; atthe same time the two big legal systems in the major countries of evidence collectionby the parties procedural guarantee in the relevant system, it provides us with not orlack of high quality legislation experience. According to the Civil Procedure Law ofour country legislation, in cogent safeguard litigant evidence collection proceduresalso should create and perfect the basic system including but not limited to: partiespretrial evidence exchange system, evidence investigation system, witness system; inaddition to perfect the related system, through the legislation of private detective andthe reward for testimony legitimacy to appropriate to cover the parties themselvesevidence collection ability insufficiency of evidence collection by the partiesprocedural also has certain positive sense.