Research On The Court Investigation Evidence Collection System Under The Authority

Under the authority of a court investigation evidence collection system is an importantpart of civil evidence system, contrast in the usual analysis usually focuses on the CivilProcedure Law of our country in the history of the system and the foreign system. Theinnovations of this paper, firstly the perspective will shrink to "under the authority of a courtinvestigation evidence collection scope and condition", and starting from the starting point ofthe system and value theory, which relates to the whole system. In this space, put emphasis onthe research of the theoretical basis of the study system and its applicable conditions, scope,and try to make a new understanding of the system. On the discussion of our system will beintroduced into the judicial decision the latest revision of the civil procedural law, and thesystem of positive thinking, trying to find the analysis of legislation, judicial idea and suitablespace is new, the application of the system to obtain more practical. At the same time,according to some experts and scholars of new views on this problem are analyzed andassessed. Some, such as appearing in the previous text ""unify the judicial interpretation of theprovisions in the draft proposal" to the judges greater discretion is worthy of further discussion.This paper firstly introduces the general situation of the system and the development of civillitigation in China’s evolution, and then analyzes this system in the legislation idea and systemdesign in Germany, France and other countries, and analyzed the comparison method. Next,from the limited debate of the pursuit of public interest and found that the facts of the case theaspects of theoretical basis, analysis of the court in accordance with the authority ofinvestigation and evidence collection system. Finally, combined with the current civilprocedure legislation and judicial status, a detailed analysis of the applicable range of thesystem and condition, and make analysis and evaluation of relevant views, put forward theirown views and suggestions.