Study On The System Of Parties To Gather Evidence In Civil Litigation

The civil action is a way to solve disputes between equal subjectsactivities Mediating indisputable role.Lawsuit is playing evidence.Universal pursued evidence of referees’today, the ability to better play Civil.Procedure Mediating Dispute key evidence. With the further reform of the way in China’s civil trial.Evidence provides that "has perfect the burden of proof system, system of exchange of evidence or proof of the time limit the system.However, the legislation on the issues of evidence collection is not enoughLegal importance of party the burden of proof and give the right of the parties to gather evidence at the same time, does not further clarify the parties to gather evidence and protection.The rights of the parties to gather evidence useless.After a clear relationship between the parties to gather evidence and mode of Civil Procedure, the burden of proof to prove the right, through the the Two Schools National Civil Litigants evidence collection system in different, combined with China’s actual conditions through the establishment of the investigation system, improvewitnesses testifying system and improve the system of statements by the parties up to the realization of the right to protect the parties’ evidence collection.