On The Investigation Of Evidence In Civil Court System

From 1982 "Civil Procedure Law(Trial)" and 1991’s "Civil Law", 2001’s "Supreme Court on Civil Evidence evidence rule", and then in 2015, "Supreme People’s Court on the application of < People’s Republic of China Civil Procedure law> explained, " our Civil Procedure law court investigation and evidence collection system has undergone a number of judicial reform, with full mandate to investigate and collect evidence from the court to exercise a limited exercise of the right to investigate and collect evidence, to further specify and narrow the scope of the court’s investigation, profoundly reflects the changing trends of the evidence collected by the court system is weakening competence center model, the burden of proof continue to strengthen the ability of the parties. As is evident from the above-mentioned legislation, our litigation model also gradually shift from the inquisitorial to the adversary, as China’s economic structure and the political system in a shift in the trend of judicial reform into action continue to strengthen the party’s position, Litigants can fully exercise their right to appeal. The theory for the court investigation right there is a big controversy, some scholars support the abolition said. Some scholars favor of retaining said. On the basis of the two scholars disagree on different theories, the author of the courts the right to investigate and collect evidence made some reflection. Court investigation has its rationality, but it should be conditional exercise of authority within a reasonable range. Consideration should be given to China’s basic national conditions and the ability of parties to litigation is still relatively low, should not be unduly weaken the power of the court investigation and evidence collection. In view of the reality and the problems in the system operation, reasonable suggestions for improvement, and constantly improve our investigation system.The main topic of the content is divided into five areas: First, an overview of civil litigation investigation. From concept court investigation of the evolution of legislation and domestic relations court for investigation and litigation patterns were analyzed and discussed. Next, mainly from two aspects we introduce some civil law systems relevant national court investigation system and common law countries. And from domestic research status and a case of necessity and reasonableness of argumentation court investigation and evidence collection restrictions exist. Then it analyzes the current operating results and defect legislative investigation of civil action in court to pave the way for improving the system. Construction of the final court investigation and evidence collection system from the norms established by law judge’s interpretation of the right angle and put forward reasonable suggestions for improving the system of court investigation and evidence collection.