Discuss On The Fishing Expedition Of Civil Procedure

Prove activities directly or indirectly to the results of the ruling party and the rights andobligations are finalized. With the development of society, the rolls become the judicial proofactivities the main source of evidence in the facts. Because there are not professional legalpersonnel, the burden of the evidence is in often ability, in the modern civil litigation cases ineven more evidence of the partial often happen. At this time the evidence was put forward byexpectations of evidence investigation programs, and achieves the information known beforecan’t detailed the behaviour that for grope for proof.Based on the traditional socialist grope for proof is the debate should be banned, andbecause the socialist along with the time development debate for a fix, has not banned gropeas the main basis of proof, other legal principles in the analysis for banned proof is not perfect,even as the basis for to prove there.The country civil litigation system did not admit grope for proof, but the existingprovisions do in a certain extent to proof for the construction of inclusiveness and ease sexual.The starting point of the system is proved for the party for the proof of the lawsuit activity,only to a kind of behavior, and the applicable condition is not specific kinds, in the practice ofthe new appear in civil litigation has the very strong tolerance, and it can be as the presentlegislation vacancy to make up for the means, exist.For proof of the certificate standard and the general standards of proof is different, onlyat the height of the probability, the court may put forward that the parties have credibilityclues, and then urged the other party to provide relevant evidence. And for the processing ofproof shall be groping situation points in some conditions, admitted the legitimacy of theproof for. In no concrete evidence of clues, proof and uncertain method"unsuited fishingexpedition", the court may prove no particular matters by decide it’s lawful. Only in form tomeet the specific requirements of the method of proof, but no specific clues of the "unsuitedfishing expedition", the court may this claim to have specific for clues, does not recognize theevidence the necessity of the investigation."Legal fishing expedition" should be made by the court admitted that its legitimacy, and to the parties asserted that, to help them from the otherparty or the third person to be obtained evidence related to its lawsuit advocates of proof. Inaddition, in the current civil system into grope for proof, attention shall be paid to the judgecohabitancy right and according to the power of the right to strengthen investigation evidence,the evidence, and the evidence preservation in exchange also should be improved.