A Study On The Civil Pretrial Evidence Preservation

It is of great significance that the perpetuation litigation evidence preservation system in the civil dispute resolution procedure. Firstly, It can play an important role in the realization of oblige right to collect evidence and achieve a fair trial implementation; Secondly, it have a positive effect on the outside of the referee dispute. At present, our country has been establishing the system of it. However, due to the short of theoretical research and legislation content, the system suffer from many criticism from the beginning of establishing,Therefore,it can’t meet the needs of society to justice. Although the theoretical circle has research in China, but it still have more shortages. Therefore, The article based on the current status of legislation in our country and combined with the investigation data.Most importantly,This paper put forward the thought of the improvement of the system of evidence preservation before an action. In order to achieve the ideal society needs.Writing of this article divided into four parts:The first part is the basic theory of system of evidence preservation before an action. It includes introduced the concept, characteristics and nature of the evidence preservation before an action, the function of the evidence preservation before an action is analyzed emphatically. The second part is the legislative status of evidence preservation system in our country. Through the system in our country’s legislation and the judicial operation condition analysis, draw a preliminary evaluation of the system.The third part is the scope of the civil law system of civil evidence preservation before an action medium. This part mainly in Germany, Japan and Taiwan of relevant evidence preservation system before litigation rules,.The fourth part is the improvement of the system of civil evidence preservation before an action. It mainly discuss about the system start up items, the conditions of application,add emergency jurisdiction, the validity of the evidence preservation, guide the interested parties reached a settlement agreement, etc.