Research On Fishing Expedition In Civil Procedural Law

Fumble refers to the proof in civil lawsuit proof responsibility parties whenmaking evidence argues that cannot or does not provide detailed information of factsand evidence and method, only to prove that the theme of abstract, fuzzy proposition,hope through the court then evidence investigation activities obtained from the otherparty for its favorable evidence for details.Grope for prove originally is a concept inthe civil procedure law hermeneutics in Germany, with Germany to grope for proof inthe continental law system research is the most thorough, then Japan and our countryTaiwan area was introduced and the research on it. Groped for civil lawsuit inmainland China academic circle, it ought to be a unfamiliar words, prove relevantintroduction and the discussion is almost a blank. So I hope that through their ownresearch topic and attract the attention of more man felt to prove, and can sufficienttheoretical research in the future, will be ripe for proof system introduced to ourcountry civil procedure law.This thesis except introduction and epilogue, is divided into five chapters.The first chapter mainly introduced the grope prove the basic content. First of all,the article illustrates the grope for proof of concept, the second, on the basis of theresearch summed up all kinds of data, the author puts forward the grope for certificateof three different from general activity, the characteristics of the comb in the maincontinental law countries and regions to grope for prove, on the basis of classification standards, puts forward the views of the classification of the this paper groped forproof.The second chapter mainly introduces the development of the mainland legalsystem civil action theory and attitude to grope for proof of change. Traditional civillitigation theory is based on the classical position and specific obligations of thedebate, was strictly forbidden to grope for proof. Along with the development of thecivil action theory, traditional debate fixed in a certain extent, cooperative began torise, modern civil litigation proof of groping attitude appeared to ease admitted.The third chapter is the main continental law countries and regions to prove thatgeneralizes the legislative provisions of groping."German civil code" prior to"German civil procedure law to grope for proof of the provisions on the substantivelaw; Japanese system of civil action by the parties note to grope for proof of a certaindegree of acceptance; In Taiwan by the civil procedure law to error proof also madesome rules.The fourth chapter to grope for prove that related to our country civil case incourt system of the relationship was investigated. Inspection are mainly concentratedin China’s prosecution system, the evidence exchange system, the acceptance of thecourt system of investigation and evidence preservation system present situation andthe current regulations should accommodate grope for proof problem from twoaspects.Chapter v groped under the our country civil action to prove that the introductionof are analyzed. In the lawsuit mode of cooperation, to prove the rationality of thegreatly enhanced. The author start with fairness and justice, evidence collection means,found three angles analyzes the introduction of real error proof the necessity; Thendiscusses the error proof proof standard, think only in achieved moderate probabilitystandard, grope for proof ability was recognized by the court; Finally analyzes thegrope for prove the legal effect.