Study On The Documentary Evidencc Systet Of The Civil Procedure

Evidence, is the foundation of judicial impartiality without evidence, the judicial justice and fairness will not be guaranteed.As the British thinker Jeremy Bentham said "The evidence is the basis of justice". The documentary evidence is expressly important of the civil procedure, because of the traits of stability and directness thereof. However, due to the lack of the systematic study on theoretical problems of documentary evidence, the relevant issues of documentary evidence cause a lot of chaos and confusions in judicial practice. And it also brought many problems to the judicial practitioners and partiers.with respect to realistic problems of judicial practice, by comparing and studying the examples of legislation in other countries, the author tries to study the documentary evidence of the civil procedure comprehensive.There are three parts composition of this article.The first part is an all-encompassing introduction about the basic concept of documentary evidence of the civil procedure, scope, classification and the probative force. The paper aims at giving the readers an overall grasp of documentary evidence of the civil procedure, and making readers clear of what documentary evidence of the civil procedure is. In view of the importance of the collection of documentary evidence of the civil procedure in judicial practice, in this part the author also explains the collection of the documentary evidence of the civil procedure and demonstrates the collection of documentary evidence of the civil procedure from both domestic and abroad.In the second part, the author puts forward three major issues of judicial practice in documentary evidence of the civil procedure, which are the confusion of judgment on the probative force of documentary evidence of the civil procedure, the limited ability of parties to collect documentary evidence of the civil procedure, and the legislative situation of defective documentary evidence of the civil procedure not meeting the needs of the judicial practice. The author makes profound analysis of the causes of these problems from different angles and different levels. in the third part, in respective of the problems existing in documentary evidence of the civil procedure, the author proposes specific solution, that is, using a combination of law and judges’ discretion to determine the probative force of improving the documentary evidence collection system of the civil procedure taking the parties as the core, strengthening the legislation on defective documentary evidence of the civil procedure, and clarifying the related application rules of defective documentary evidence of the civil procedure through legislation.The author tries to grasp the documentary evidence matter of the civil procedure comprehensively, and hopes his study may be useful to judicial practice.