Study On The Civil Evidence Preservation System

In the civil action process, evidences play a very important role. Effects of evidence preservation system are fixing and preserving evidences, whose existing importance is undisputed. Evidence preservation system indicates the system that appropriate bodies adopt protective measures towards evidences under specific conditions to guarantee their proving abilities. Evidence preservation system has significant meanings in the civil action process. It can not only guarantee and implement parties’evidence collection right and evidence producing right, but also guarantee that the court can give objective and just judgments, and it is in favor of facilitating problem solving outside legal action. In article81of Civil Procedure Law of the People’s Republic of China newly modified in China, it specifies:"parties can apply for preserving evidences in the legal action process and the people’s court can also adopt preservation measures actively under the condition that evidences may be lost or it is difficult to gain evidences. Because of emergency, interested parties can apply for preserving evidences from the people’s court where evidences are located or respondent lives or with the right of jurisdiction towards this case before instituting legal proceedings or applying judgment, under the condition that evidences may be lost or it is difficult to gain evidences in the future. Other procedures of evidence preservation shall refer to relevant regulations in chapter9of this law." This article is more substantial than article74of Civil Procedure Law of the People’s Republic of China (2007), but there are still many problems in practice. In this thesis, the author sorted civil evidence preservation system and put forward some suggestions for improving civil evidence preservation system in China through starting from basic theories of evidence preservation system and combining practical situations.Except introduction and conclusion, this thesis is divided into four parts. Part1:the author started from the concept of evidence preservation, analyzed understanding of the theoretical circle at home and abroad towards evidence preservation, analyzed functions and meanings of evidence preservation, and confirmed necessity of evidence preservation system legislation; Part2:the author paid attention to research and legislation of foreign countries towards evidence preservation system, so as to provide reference objects for improvement of evidence preservation system in China through learning researches and practices of foreign countries; Part3:the author found existing problems, such as imperfect security pre-litigation system and lack of preservation form and contents, through legislative current situation and juridical practices in China, and analyzed causes; Part4: the author raised rough suggestions for perfection aiming at problems in the part3.