On The Reflection And The Perfection Of China’s Civil Evidence Collection System

Civil Evidence Collection System is one of the most important parts of CivilProcedure. Civil evidence collection constitutes a prerequisite for finding the facts ofcases. The more evidences we have collected, the closer we can get to the objectivefacts. At present, there are many deficiencies in our country’s civil evidence collectionsystem. Legislative inadequacies can cause chaos in judicial practice. It is prevalentthat witnesses often avoid the duty to testify or just give false testimonies due to thelack of according sanction measures. Besides, the fact that the litigants will notassume any legal risks when conducting false statements can also lead to abundantfalse statements or concealment of the evidences for the express purpose of winningthe lawsuits. From the perspective of the status quo of our country’s civil evidencecollection system, this paper first analyzes the current situations and then sketch thesituations of foreign countries, absorbing the essence of their systematic advantagesand proposing some suggestions aiming at perfecting our country’s system. This paper consists of four parts: the introduction, the text, the conclusion and thereferences.The Introduction briefly introduces the differences in Civil EvidenceCollecting System between Common Law countries and Civil Law countries,as wellas the state quo of that in China.The text is made up of three chapters.Chapter One: A general overview of China’s Civil Evidence Collection System.This part mainly introduces some relevant definitions of civil evidence collectionsystem and then illustrates its meaning, as well as the status quo.Chapter Two: The analysis of civil evidence collection system of foreign countries.In this part, we can know about the pertinent information of civil evidence collectionin America, Britain, Germany and Japan, the former two and the latter tworespectively being introduced as the typical examples of the common law system andthe civil law system. And at last basing on the advantages of the aforementionedcountries’ civil evidence collection system, we can ascertain the methods applied toperfect ours.Chapter Three: The perfection of our country’s civil evidence collection system.This part first discusses the principles of such a system and then elaborates thespecific measures.