Study On The Civil Evidence Preservation System

Evidence is the basis of justice, which is the core of the civil litigation system. Meanwhile, the importance of evidence preservation system in civil litigation is rooted in the importance of evidence. The evidence preservation system can not only maintain the parties to collect evidence and to present evidence, but also can improve the effectiveness of the proceedings and solve the cases of disputes without litigation. That evidence preservation system not only affects substantive rights and procedural rights of the parties, but also influence directly the effect of the civil trial reform.In the current, the legal system about the preservation of evidence is not exhaustive and perfect. There is only one legal provision on preservation of evidence in the Civil Procedure Law. With the rapid development of the technology and economy, the number of the lawsuits is increasing quickly and the lawsuits types continue to emerge. Although The Supreme People’s Court promulgated the judicial interpretation named "Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures", which established a system of pretrial evidence preservation in2001, the evidence preservation still can not meet the needs of the reality of litigation owing to its Non-operational provisions.Based on the actual situation in China, The author have investigated the provisions of extraterritorial civil evidence preservation, learning from the advanced experience and practices of other countries, in order to Research and provide recommendations for China’s civil litigation evidence preservation system. Perfecting the Civil evidence preservation system, we should make reference to the legislative provisions in Germany and Taiwan region and improve the relevant procedures, including Jurisdiction of the court, the application conditions, the right to the relief of the parties, the effectiveness,and case costs, etc. Through the transformation program for the preservation of evidence, the parties can establish the facts, clear right and wrong, to distinguish the advantages and disadvantages, weigh the pros and cons, and then make a rational choice of litigation or not, ultimately achieve the purpose of resolving disputes to prevent litigation, and reduce litigation. This article includes the following four parts,The first part introduces the concepts, classifications, and the process of historical development of evidence preservation system and analyzes the function and value of the evidence preservation system. Through the analysis of the concept of preservation of evidence, with reference to extra-territorial legal systems of the definition of this concept, I put forward my own views after drawing on the relevant discourse.The second part of the content is to study in extra-territorial legal systems of civil evidence preservation system. First of all, it introduces the provisions of the two legal systems of major countries and regions on evidence preservation system under the vision of the procedural law, and then to discuss the differences between the Common Law and the Civil Law system.The third part points to fully elaborate China’s system of preservation of evidence and summarize the real situation and the inadequate.The last part, the core of the full-text content, tells specific ideas to improve the preservation of evidence system. In the context of China’s judicial reform, we should catch the opportunity to explore the necessity and feasibility of the Civil Evidence Preservation System, and put forward some measures and workable legislative proposals.