Research On Courts Authority To Conduct Investigation And Collect Evidence In Our Country

The P R C Civil Procedure Law has empowered the courts to conduct investigation and collect necessary evidence in case-hearing. However, such authority has been severely reduced in the process of civil judicial reform, on the contrary, the party’s burden of proof has been emphasized. Excessively diminishing the courts authority to conduct investigation and collect evidence has hindered the realization of the substantial justice and caused multiple negative effects. In the light of the principled and abstract current legislation, which leads to tough obstacles to put it into practice.Thus, we call for scrutiny on the system of courts authority to conduct investigation and collect evidence.The thesis mainly consists of four Parts:the preface, the body, the conclusion and the bibliography.On the basis of analyzing the research status and developing trend of the system of courts authority to conduct investigation and collect evidence both at home and abroad, the preface starts from its significance in modern civil litigation. Then it extends the necessity of studying on the system of courts authority to conduct investigation and collect evidence.The body embodies four chapters.Chapter One provides an introduction of courts authority to conduct investigation and collect evidence, its definition and features. What’s more,the section distinguishes courts conducting investigation and collecting evidence according to statutory authority and party’s application, states its jurisprudence and values.Chapter Two mainly compares the system of courts authority to conduct investigation and collect evidence in representative countries of the two law systems. Based on the researches of it, the thesis analyses the cause of diversity in order to contribute to perfect our system. Chapter Three sketches and investigates the history and present states of the system of courts authority to conduct investigation and collect evidence in our country. On account of the developmental course of the system, this part probes into its rationality and deficiency.Based on the detailed examination, the fourth chapter puts forth several concrete propositions. It elaborates the mode of civil litigations, and the choice of the pattern of courts authority to conduct investigation and collect evidence system, then suggests the amplifying scope of its application, establishment of inquisition judge’s troop and procedural guidance to the party’s taking proof from the court, and so on.