Study Of The Right On Evidence Collection By Parties In Civil Litigation

In the civil lawsuit, enough and solid evidence is the key to solve the dispute cases. At present our system of civil litigation as long as it is depend on the parties to collect evidence, but for the concept of the right to collect evidence either in law or in real life are very fuzzy, lawyers and judges rarely talked about. As a litigation right, the right to collect evidence should be taken seriously, and on its concept- right to prove, the need for further consideration and expounded. China’s current status for the parties to a civil evidence collection rights is not optimistic and unsatisfied, most of existing problems are obvious and worried. Firstly, the right to collect evidence lack of procedural safeguard. Secondly, the parties in the actual process of collecting evidence often encountered in the obstruction of evidence. Moreover, the balance of interests between the evidence collection and secret protection is also a topic of concern. The last but not least, at present our country law lacks of relevant legislation methods and measures of collects evidence, which makes the litigation rights of the parties can’t be effectively realized. And causing many difficulties in the process of collecting evidence. Therefore, in order to obtain the fairness and social stability, and to construct and perfect our system of civil litigation, it is quite significant to study the parties’ right of collecting evidence.I expounds the contents about the parties’ right to collect evidence with the normative analysis method, comparative analysis method and empirical analysis method of the law. Refer to the research and evidence of collection rights guarantee from other countries, I put forward my immature system idea. This paper consists of four parts: introduction, body, conclusion and references. In the introduction part. Staring the place of the right of collecting evidence in our modern civil litigation activities, I Put forward the current research situation and prominent problems about the parties right to collect evidence. What’s more, The parties often encounter the problem of obstruction in the process of collecting evidence, No matter the evidence in the hands of other party or it controlled by other people, It is often happened that the party haven’t collected the evidence which they want. Moreover, the problem between the balance to collect evidence and secret protection is exists in the judicial practice. At last, referring to the research in foreign countries about the parties’ right to collect evidence, I I pointed out that it’s urgent and necessary to the parties’ right to collect evidence. The paper is divided into three chapters, the first one is summarized the right of collecting evidence of parties, then I lead to its upper concept-- the right to prove, and pointed out that it is necessary to establish and safeguard the right of collecting evidence concept; the second one on the research of China’s current evidence collection rights; the last chapter,Combining the reality of our country and the reference of foreign related system, I proposed the conception of the parties’ right to collect evidence in our country.