The Improvement Of The Theory Of Civil Litigants Evidence Collection System

The principle of burden of proof of civil litigation in our country is "who advocates, who the burden of proof, evidence is the cornerstone of the parties claim support, the evidence is in favor of the key to the door open. In civil litigation, the parties as the subject of obtaining evidence, in order to bear the burden of proof, the parties need to perfect evidence collection system as a guarantee, avoid forensics rights in vain. A variety of evidence collection methods, safeguard measures, relief system, constructs the orderly process of evidence, the parties concerned may collected plenty of evidence, the evidence as a weapon against. If can’t be real to safeguard the rights of the parties to gather evidence, only talk of the idea, it will cause the parties forensics process around the wall, struggling.This issue mainly discusses how to improve the parties to collect evidence system of civil litigation, from the collection of evidence of the program design, relief mechanism, safeguard measures and other aspects to be improved. Are described in this paper improve the civil litigation evidence collection system theoretical basis and function, by comparing the two legal systems on behalf of the national advanced forensics system, find out the forensics difficulties exist at present in our country, and combining with the status of legislation and judicial practice, put forward specific measures to perfect our country civil litigants evidence collection system, to ensure the smooth realization of the rights of parties to collect evidence. In judicial practice, opposite party and the third party in order to safeguard their own interests and uphold the concept of an armchair usually maliciously refused to forensics subject of investigation and evidence collection behavior, even resort to illegal means to hinder, in order to improve the situation, the proposed set up inquiry transcripts, sent interrogatories, the implementation of investigation system in three ways to improve the current forensic procedure, in this issue on the three main applications, application time, procedures, disciplinary measures are made in detail, in order to improve litigation efficiency, saving the cost of litigation. At the same time, the exchange of evidence as a principle, if the object of evidence refused to cooperate with the collection of evidence, the law may assume the corresponding legal sanctions. Parties to collect evidence encountered obstacles, should start relief mechanism, improve the system to prove the exclusion of prejudice, the court in accordance with the application of the law to regulate the investigation and evidence collection procedures, the establishment of compulsory measures to protect the rights of lawyers to achieve the right to obtain evidence. The collection of witnesses’ testimony requires witnesses to appear in court, compared with other types of evidence, the process of evidence collection is more complex, and the legislation of our country is too simple, leading to the parties can not collect evidence. Therefore, this article emphasizes the economic compensation and the personal safety of the witness in court.