The Empirical Study On The Tendency Of Simplification And Written Formation Of Civil Litigation Evidence

Documentary evidence is critical among all categories of civil action in our country, and our juridicalpractice presents as documentary evidence-based for our traditional legal system and current civil law.Moreover, diversed written evidence has become much more prominent in trial practice. Proceduresdetermined by evidence, so having thorough understanding of evidence operation in civil action is to graspthe key factor of civil action in our country, and exploration of revolution of civil action procedures is muchdependable if based on this factor.The writer composes the dissertation by means of evidence-based study, in which the writer selectsthree intermediate people’s courts and three basic people’s courts, and finally concludes that operationalcharacteristics of simplification and tendency of evidence in civil action through collecting and analyzing532copies of first trial referee documents in these six courts in2010,2011, and2012. And analyze thecausation, rationality, and possible problems brought by such tendency as well, also propose the means ofimprovement in reference with current juridical circumstances and specified regulation. The main body ofdissertation is composed of four parts, below is the arrangement:First is current situation and characteristics of evidence operation in national civil action. This part isto conclude the distinct simplification of documentary evidence and which has been widely-used in civilaction through analyzing the relevant files obtained. And then obtain its characteristics throughinvestigation of trial practice.Second is the reason of reliance to documentary evidence by national civil action. Primarily, todiscover the advantage of documentary evidence compared with other categories of evidence. And then toanalyze psychological dependence of national civil action to documentary evidence referring to traditionallegal system and culture of Confucianist litigation quelling. Next is to analyze the preference ofdocumentary evidence by the party in civil action in the perspective of judges’ admissible to evidence inpractical trial. Finally, to verify the reliance of such evidence by substantial law in accordance withstipulation of current national civil action substantial law to written formation about specified type of legalacts. Third is rationality of simplification and written formation of evidence. This part will rationallydemonstrate using practical cases from two courts. Through analysis and conclusion to the source ofevidence and accumulation methods, to prove that simplification and written formation tendency ofevidence isn’t only the intrinsic request of current national legal system, administrative system, and civiland business actions and inevitable trend of juridical practice, but also the necessary option for judges toget rid of juridical risks during their judicial work.Fourth is the problem of simplification and written formation of evidence and its improvement. Todetermine the authenticity of documentary evidence upon using a large amount of such evidence hasbecome especially important, therefore it is necessary to clarify the programs and methods for suchauthentication. And then to refine the procedural regulation of evidence provision by people not involved inthe case and legal consequence of refusing to provide for the reason of frequent occurrence thatdocumentary evidence possessed by the third party. Lastly, it is deserved to underline the institutionalassurance of attendance of witness and authenticity of testimony since the evidence investigated andobtained from case facts is multiple, and to further ameliorate the current juridical situation that judgesshow disbelief to witnesses.