Retainment Or Abolishment: Judge’s Power Of Investigation And Evidence Collection?

The Civil Procedure Law (Implementation) enacted in our country in1982entrustjudges with a wide range of the power of investigation and evidence collection. But thislegislation has received widespread criticism from scholars who are specializing inprocedural law scholars’ widespread criticism. With the introduction of western civillawsuit idea--Adversary System, in1991the new Civil Procedure Law to attenuatejudge’s power of investigation and evidence collection. However, in the theoretical circle,some scholars advocated to abolish judge’s power of investigation and evidence collectionfor dissatisfaction with the revision of legislation. Along with the changes of the westernconcept of civil power of judges--Strengthening Judge’s Power, some scholars proposedto strengthen the power of judges. In the theory world, this kind of unstable attitudeobjectively requests us to clarify “whether it is necessary to retain judge’s power ofinvestigation and evidence collection?” and to define the scope of application as well as theapplicable ways of judge’s power for investigation and evidence collection.