Study On The System Of Civil Evidence Contract

Civil evidence contract is as litigation contract in the area of evidence and is extension of the spirit of private law in the field of civil litigation. It helps to realize judicial justice and improve litigation efficiency. But China’s current civil evidence contract legislation mainly scattered in the civil procedure law, the judicial interpretation of civil litigation and the Civil evidence regulations. Weak theoretical foundation and scattered legislation reflects that there is plenty of room for improvement in the research field of China’s civil evidence contract. Therefore, there are two aspects of the significance of the study: one is to explore and clarify its concept, characteristics, nature, classification, theoretical foundation and function etc. by systematically carding the basic theory of the civil evidence contract; two is to analyze China’s existing civil evidence contract’s legislative and judicial status, to find the causes and to propose the measures of constructing civil evidence contract system in our country by investigating the system in other countries.In view of the profound significance of the research of civil evidence contract, this paper determines the "civil evidence contract" as the research subject. The full text is divided into five parts:The first part is an overview of civil evidence contract. It mainly introduces the general theory of the civil evidence contract, which includes the concepts, the related concepts, characteristics, nature, classification and its effect.The second part is about the theoretical basis and function of civil evidence contract. The theory basis of the civil evidence contract embodies in the three aspects: it respectively expounds the extension of the spirit of private law in the field of civil litigation, reflects the request of principle of management and principle of debate in civil litigation and meets the diversified needs of the parties. Civil evidence contract has its positive and negative function. The positive function of civil evidence contract is mainly reflected in five aspects of promoting judicial democratization in evidence area, realizing judicial justice, improving the efficiency of litigation, achieving the purpose of civil procedure and saving the judicial resources. Of course, the civil evidence contract may be misused by parties or prevent the judge from free evaluation of the evidence.The third part is the summary of extraterritorial legislation survey of civil evidence contract. With the specific type of civil evidence contract as the breakthrough point, It can provide the reference for our civil evidence contract legislation by summarizing the relevant legislation in foreign countries.The fourth part is the investigation on the present situation of the contract system of civil evidence in our country. It summarizes the legislation of civil evidence contract in our country, analyzes the judicial status and concludes the deep causes behind this situation.The fifth part is the construction of the civil evidence contract system in China. After analyzing the feasibility of establishing the system of civil evidence contract in our country, in this part, there are three aspects on the construction: the establishment of the system of civil evidence contract from the macro level, including the civil evidence contract into legislation, strengthening the legal efforts to enhance awareness of civil rights and keeping weakening the authority doctrine litigant mode; the establishment of the system of civil evidence contract from the micro level, starting from the two aspects of establishing the civil evidence contract’s guiding principles and regulating the elements; the establishment and perfection of the supporting system of civil evidence contract, which contains clearing judge’s interpretation rights and providing the civil evidence contract’s relief system.