A Study On The System Of Civil Pretiail Evidencr Preservation

In modern society, when people’s legitimate interests are injured, they usually choose to take proceedings for judicial remedy. The evidence is one of the most important lawsuit information, but it will take a process for civil complaint, the trial and making a final judgment, finding evidence of facts of the case is likely to miss or disappear due to the subjective or objective reasons during this long-time process. That situation will seriously infringe legitimate interests of holders of rights. In order to prevent the occurrence of such situations, the system of evidence preservation came into being.Taking time as a classified standard, evidence preservation can be divided into pretrial evidence preservation and litigation evidence preservation. After the newly revised law of Civil Procedure in2012, the pretrial evidence preservation system has settle down, it is favorable for holders of rights to fix and preserve important evidence before the hearing, to reduce the cost of judicial justice. In addition, the pretrial evidence preservation system has a function of discovery. The paper combined the pre-trail preservation system of civil law countries such as Germany and France with the background of our country, trying to present my own ideas. The paper is divided into three main parts:introduction, main body and conclusion. The introduction describes the necessity and significance for establishing the pretrial evidence preservation system.The main body comprises four chapters. Chapter I is the basic theories of pretrial evidence preservation. Including the definition, nature, feature, classification and function of pre-trial evidence preservation, particularly focuses on its direct and indirect function. Chapter II is investigation of pretrial evidence preservation system in foreign countries. Taking German, France and Chinese region of Taiwan for examples, combined with the similar system of common law. Chapter III is the present existence and application in China. The first part introduces the application of the pretrial evidence preservation system before modification in2012. The second part represents specific provisions of the pretrial evidence preservation system in the newly amend law from the essential and formal requirements perspective. The fourth chapter, the problems and improvement in our pretrial evidence preservation system. Analyzing the existing problems in this system and giving improved suggestion from three aspects of functions, procedures responsibilities, in order to promote China’s pretrial evidence preservation system healthy functioning.The conclusion, straighten out the idea of writing this article and summed up my views. Wish a better function of civil pretrial evidence preservation system in our country.