On Perfecting The Rules Of Evidence In Civil Litigation Legislation

The civil procedure law amended in2012, although the establishment of the civil public interest litigation system, but only a provision of principle and fuzzy rules, to ensure the implementation of operational procedures and rules are no rules. This includes the lack of rules of evidence.From a macro point of view, evidence rule is restricted, guide the procedure propulsion function, also has the guarantee of judicial justice and judicial efficiency function. Therefore, proper evidence rules has become one of the important contents to perfect the civil public interest litigation system in our country. It is because of the judges, the parties and easily in the civil public interest litigation in the collection, examination of evidence judgment as well as the burden of proof, the deviation of understanding, and therefore caused the error, so we have the discretion necessary to set the rules of evidence in a civil public interest litigation adapts to the judge, confirm the evidence is limited, to protect the litigant participants to provide evidence, evidence of the right to use, and then to protect social public welfare.From the microscopic point of view, the special nature of China’s civil public interest litigation request special rules of evidence for the "escort". Through the analysis of different types and new public interest litigation cases show that, multiple function of rules of evidence is becoming increasingly important. With the interests of vulnerable groups has suffered abuse has led to a series of social instability and need special protection through litigation, the special protection which also cannot do without the rules of evidence, and our current civil public interest litigation rules of evidence itself is existing legislation is insufficient, it is difficult to fully realize such functions, therefore, imminent improve the rules of evidence in civil litigation legislation.How to improve China’s civil public interest litigation from the legislative rules of evidence? In the goal, to improve China’s civil public interest litigation rules of evidence legislation, the premise is to clear and perfect this special litigation types as the goal of reform. Based on this, should prove as quasi legal reform rules of civil public interest litigation evidence in our direction. In the method, to fully absorb and learn from the two legal systems on civil public interest litigation rules of evidence, such as USA "federal rules of evidence" about the relevance of evidence, expert evidence system is a good reference. In the content, to fully grasp the particularity of civil public interest litigation in China, and for the "tailored" a set of operational rules of evidence:the need to improve the role of expert evidence system in China’s civil public interest litigation; inversion of burden of proof rules, special special evidence collection and preservation of evidence system and the standard of proof Co. reduced are also an important part in improving the rules of evidence in civil litigation.