Discussing On The Rights Of Collecting Evidence By The Parties In Civil Procedure

The charm of the evidence, is not the mechanical repetition, but rather to find thetruth.Whether the evidence collected timely and effectively relates to the success or failure ofthe trial for parties. However, the ability of collecting evidence and the burden of proof can’tmatch. It not only sharkens the status of the parties in the trial, but also makes theevidence-collection more difficult. Improving the civil litigants evidence collection systemcan solve the problem. Therefore, it’s of great significance to bring about justice, efficiencyand build a rational society if I make analysis of the legislation and practice of the status quoand give advice about improvement of civil litigants evidence collection system based onforeign advanced legislation and valuable experience.This article focus on how to make the parties’ rights of collecting evidence morematerialized, systematic and efficient so as to guarantee the parties’ rights in the procedureand status, and to make the case more explicit. The main text composed of three parts, totaling20thousand words, following the order of question raising, analyzing and solving.The first part explains the evidence collecting system in the civil procedure.This partfocuses on the nature and value of the parties’rights of collecting evidence to show itsimportance to be guaranteed.Simultaneously,explore the relationship between the parties’evidence-collection and court investigation and evidence collection and present advancedlaws abroad briefly.It can give some inspiration.The second part explain the status quo and their causes of the parties’ collection ofevidence.This part focuses on the sharp contrast between the parties’ rights of collectingevidence and the heavy burden to collect evidence.The third part is about how to perfect the system of the parties’ rights of collectingevidence. This part focuses on the position of the evidence-collection system and itsoptimization, which covers the detailed method to make clear the range, procedural guarantee,means, and system to maximize the guarantee of the parties’ rights of collecting evidence.