On The Civil Evidence Collection System

If the lawsuit is inseparable from the evidence, that the evidence is alsoinseparable from the collection of evidence. The evidence collection system in recentyears the academic theory study is taken seriously gradually, many scholars haverealized the system of evidence collection in civil litigation in the fundamentalposition of. But the legislation vacancy and not perfect, in practice in practice, theparties and their agents and the people’s Court on evidence investigation in theprocess exists many problems we need to solve. This paper is divided into fourchapters, through the use of value analysis, positive analysis, historical investigationmethod system on civil evidence collection system content.The first chapter, the civil evidence system of china. Its content is divided intotwo aspects, the first from the aspect of civil evidence for the implication of civilevidence collection, scope of the main body of civil evidence collection, the definitionof the expression. Second aspects mainly introduced the civil evidence collectionsystem function, respectively, find out the facts of a case, improve the efficiency ofthe proceedings and security status of the main parties.The second chapter, the civil evidence collection system mode analysis. InAnglo-American law system and continental law system on the litigant legislationpattern and the authority principle legislative mode systematically analyzed. At thesame time, such as the United States of America cited evidence discovery system, theGerman order for production of a document and our early Horse Pewter five trial asthe theoretical basis. Finally has analyzed our country civil evidence collection systemused by the litigation mode.The third chapter, the our country civil evidence collection system by analyzingthe present situation of. From the legislative status and the practice present situationtwo aspects of China’s current civil evidence collection system this paper analyzes thepresent situation of. At the same time quoted the Shanghai Lawyers Association of the statistical results and empirical case as the theoretical basis.The fourth chapter, the our country civil evidence collection system. Combinedwith the2012amendments to the " Civil Procedure Law " and relevant laws andregulations, judicial interpretation, and according to the third chapter of the reality ofChina’s civil evidence collection system put forward the constructive suggestion. Thefirst to set the civil evidence collection system basic principle, will assist, necessaryevidence collection and other basic principles throughout the evidence collectionactivities always. Second aspects in view of evidence collection in civil litigationprocedures proposed the establishment of investigation system, the judge statedsystem, perfection of pretrial evidence exchange procedure, pretrial evidencepreservation program. Finally the system of appearing in court as witness, spoliationof evidence theory is perfect, as the civil evidence collection rights safeguardmeasures is discussed.