Civil Affairs Evidence Investigation System Inquiry

The basic principle of a civil action is "Based on the facts and the law as thecriterion", the court shall order the evidence to prove the facts of the case and render adecision based on the law. In evidence to the referee doctrine, indeed, is the basis ofsufficient evidence in civil referee. With the deepening of the reform of the civil trial,China’s civil trial mode transition from super-powers doctrine mode to party doctrinemode, since April2002implementation of the "Regulations on the Supreme Court CivilEvidence" is clearly defined the parties to put forward their own ideas have aresponsibility to provide evidence to prove otherwise would not bear the burden of proofand risk of losing. At this point, the Court is no longer the main investigation to collectevidence, the parties become truly responsible for collecting and providing evidence of thesubject.In the adversary mode, either the plaintiff or the defendant party to make a claim, youmust provide evidence to prove themselves, how to fully exercise their right to collect theevidence needed to investigate and collect evidence litigation is very important. However,due to the lack of existing legal rules, investigation and evidence collection rights of theparties are not adequately protected, so that the law can not be close to the real objectivetruth. Clients often ineffective due to the burden of proof and the risk of losing. Therefore,we should actively explore and innovate more to protect the legal system to achieve theparty proved right.From the standpoint of protecting the rights of the parties to prove, analyzes China’scurrent lack of legal provisions on civil case investigation and evidence collectionmethods, the proposed construction of the necessity and feasibility of civil affairs evidenceinvestigation system. Combined with Beijing, Shanghai, Shandong, Henan, Jiangsu andimplementing practice civil affairs evidence investigation system, summed over the courtin a civil evidence investigation system implemented by the problems. On the basis ofcomparative civil law and common law countries, legislation on reference and analysis, tobuild civil affairs evidence investigation system put forward their own ideas.This paper is divided into five chapters. The first chapter talking about the definitionand characteristics of investigation order system. The second chapter analyzes theimplementation of China’s civil affairs evidence investigation system in the background.The third chapter in the country a civil court trial evidence investigation system based on the specific circumstances, investigation system analyzes the problems in the trial. ChapterIV reference and analyze relevant systems of civil law countries and common lawcountries. The fifth chapter talked about several specific content to build civil affairsevidence investigation system.