Research On Parties’ Evidence Collecting System In Civil Procedure Law

To collect evidence is the fact that the parties use the appropriate method to search, find and get all sorts of material evidence of a litigation.And it is also a way for parties to perform the right to prove. It is the first time to regulate the right of collecting evidence in1991<civil procedure law>. But in what specific ways it can be used to collect evidence, legal provisions mention in a very abstract way. On the one hand,it makes the parties in a difficult condition to collect evidence;on the other hand,it causes the chaos.Therefore,it is time to reform and improve the evidence collection system.This article consists of three parts:preface, text, conclusion.The text is divided into four chapters:The first chapter is an overview of the evidence collection system.This chapter mainly includes the definition of evidence collection behavior;The nature of the evidence collection.The second chapter mainly talks three issues.First,the history review of the evidence collection system.This chapter of our country’s civil evidence collection system evolution can be divided into three periods.Second,the present situation analysis.The auther analyzes two existing problems from the macro and micro aspects.At last,the auther analyzes the deep causes.The third chapter is a vidence collection system summary of other major nations. Other countries’evidence collection system may provide us with an indispensable legislation experience.The fourth chapter is about the improvement of the system of civil litigation evidence collection. This chapter is divided into two partsrthe methods to collect evidence, security system.Main methods of collecting evidence include client presentation system, physical evidence forced command system, witness testimony system.Security system includes concept innovation, protection of parties.In supporting system, the burden of proof and proof standard are discussed.