The System Of Civil And Commercial Arbitration Evidence Collection

As an important and effective way to settle the non-lawsuit disputes, arbitration is widely accepted and used in practice because of its convenience, confidentiality and enforceability, at the same time it has a positive role in easing the burden on the court. As is known to all, civil and commercial arbitration evidence is the life line of the case, as the basis of the procedures of arbitration evidence and is the key evidence to carry on the proof, cross-examination and certification program. Further establishing and improving the system of civil and commercial arbitration evidence collection is very important, while the civil and commercial arbitration procedure continuous to move forward all the way. However, at present, the research about civil and commercial arbitration evidence collection system not is giving attention it deserves in China. By researching the basic theory of civil and commercial arbitration evidence collection system and outside related issues in-depth and systematic more than a year; the author puts forward Suggestions to perfect civil and commercial evidence collection system in our country. This article is divided into five parts, the first part mainly discussed about civil and commercial arbitration evidence collection system in theory, expatiated the source of the civil and commercial arbitration evidence collection on the basis of anglicizing the concept and nature of civil and commercial arbitration evidence, the resources including the parties to provide evidence, the arbitration tribunal to investigate and collect evidence and judicial assistance to obtain evidence. In the end, studying the duration of submitting the civil and commercial arbitration evidence, trough comparing the arbitration rules of the local.The second part mainly studying the basic theory throughout the civil and commercial arbitration evidence collection system, summarizing the worth of justice and benefit, as well as the principle of party autonomy principle, equality principle, judicial support.The third part uses the comparison method, taking Anglo-American law system and continental law system countries and regions as the scope and object comparing, the research about the content of the civil and commercial arbitration evidence collection system. Anglicizing and referencing right of parties to the obtain evidence collection, the power of arbitration tribunal investigates and collects evidence and the obligations of court to support collect evidence.The forth part summarizes the current legislation about civil and commercial arbitration evidence collection, by studying the relevant provisions of the arbitration evidence collection system, the existing problems were put forward:the parties lack of procedural safeguards of arbitration about the evidence collection rights, the arbitration tribunal lack of judicial support in the process of collecting evidence, and problems of arbitration evidence preservation.The fifth part is aimed at the problems existing in the civil and commercial arbitration evidence collection system in our country, putting forward the corresponding suggestions and measures to makes up the absence of current system, and further perfects our country’s civil and commercial arbitration evidence collection system.