On Perfecting The System Of Collecting Evidence In Civil Procedure

"Who advocate, who takes the burden of proof" is the principle of burden of proof in civil procedure, and burden of proof in civil action party is subject. Improving the system of collecting evidence by the parties is necessary to thoroughly implement the principle requirement. Clearing means of collecting evidence, measures, and giving collection of evidence by the parties a comprehensive system protection, can really make a party gather evidence to prove the fact or in favour, safeguard their legitimate rights and interests according to law. Otherwise, the right to collect evidence by the parties is useless, collecting evidence is not possible, everywhere is blocked. Perfecting the system of civil parties to gather evidence, and presenting specific evidence-gathering procedures, means and so on is the thrust of this article.In this article, through data collection and analysis, case investigation summary, statistical methods, after relevant provisions on evidence in civil procedure at this stage andanalysis of judicial practice,we find the defects of legislation of the Chinese collecting evidence by the parties. In reference to the two main national legal systems on the basis of this experience, the author proposes specific measures to perfect the party system of collecting evidence in civil procedure, to ensure smooth implementation of the right to collect evidence by the parties. In order to improve the efficiency and adequacy of the evidence collected, I propose to set up asking record information and evidence Exchange as a basic principle, and provide obligation to the negative legal consequences. In practice, civil parties are often denied for various reasons, when they ask the other party, the third party for evidence, cannot be collected.In view of this, I propose the investigation system of measures. As an important type of evidence in civil proceedings, the role of witness testimony had not been fully played. So in this article, the author highlights on witness financial compensation and physical security safeguards, and makes a collection of witness testimony outside court.