A Study On The Evidence Application System In Civil Proceedings

Evidence application is the third proposition of Argumentum doctrine. It’s not only a behavior which the two opposite parties using evidence to prove facts in issue, but also the precondition for starting the process of investment. The Court is allowed to invest the evidence only when the party putting forward the application for evidence. However, scholars of our country rarely study the theory of it. Some scholars even equate it to the proof. This situation is very bad for perfecting our evidence system, and much worse is to procedure of civil action, which’s key element is evidence. The author will discuss and settle the base theory of evidence application and the relative issues in the following parts. Hoping this discussion will be helpful to study of civil procedure law and juridical practice.Evidence application will be discussed in four parts. According to the scholars’ explanations of evidence application, the first part of article points out the relation between “evidence application” and “proof”. The proof includes the collection of evidence, presentment of evidence and application for evidence. And the next part discusses the applicative range of application and the true aim of application. The party who coming up with the application is not for the procedure of evident investment, but hopes the court will take results of investment as support to affirm the facts. The second part finds the reason why the concept of evidence application is so vague and the lack of specific rules by analyzing theory and juridical practice of our civil procedure history. The third part explores the specific application in detail from two sides, the Party and the Court. From the said of the Party, the evidence application includes subject, content, time of presentment and withdrawing. It relates to other theories, when particularly discussing the above-mentioned parts, such as the discussion of subject relating to the principle of common evidence, content of evidence application contacting with fishing expedition, and time of presentment having new direction because of central trial. The Court side will focus on the standard of adoption of evidence application, and the particularity of the only evidence. The last part of article summarizes the previous three parts, and then put forward with propositions to perfect our theory of evidence.