Discussion On The System Of Evidence Collection By The Parties In Civil Procedure

As a further deepening of Chinese judicial reform of the civil trial，the burden ofproof of the parties has been emphasized, but the rights of the evidence collection hasbeen ineffectively protected.The strengthen of the burden of proof and the lag oftaking proof are in sharp contrast.It is critical to establish a protective system，whichto protecting the exercise of their right of action. Such system confers the partiesvarious methods and resorts to collect evidence.Another significant demand for suchprotection rests on a regulation of the judicial behavior of evidence collection underspecial conditions, excluding any obstruction that might hampering the parties’ rightof gathering evidence. Based on this, the subject of the article is to study theprocedural guarantee of the right of collecting evidence for the civil action parties,start with the basis of legal principle and the value analysis of the system of collectingevidence, analyses the legislative regulation and operation in Chinese currentevidence collecting system，and conceive a plan on how to perfect it: parties’collecting evidence as primary, and the court’s support for evidence collection asassistant.The paper the basic theory of the system of the party to collectevidence.Simply summarize the system of evidence collecting in civil action， andanalyze the value of the evidence collection in procedural justice and proceduralinterest. The author introduce the legislative development of evidence collection，analyze the advancement and limitation of legislation，and investigate the difficulty ofevidence collection in practice and analyze the reason. At last,the author give somesuggestion on how to perfect the system of evidence collection: establish theprocedural guarantee to protect the right of evidence collection and regulate the investigation and obtaining evidence.