On The Principle Of Common Evidence In The Civil Procedure

The civil procedure law of our country adopts the litigation pattern of powers doctrine, a situation that most of facts and evidence is collected by authority. This leads to the common among the parties who apply the principle of common evidence, which is, without doubt, considered as useless value. However, civil procedure law in our country is intended to strengthen the protection of the rights and interests of the parties, value the procedure fair lawsuit idea transformation, and clear the theory breakthrough significance which is brought by applying the principle of common evidence in the common lawsuit, this ancient system from continental law system in today’s China has the necessity of continuing research and discussion.The principle of common evidence refers to the opposition party in the litigation and joint action, regardless of the evidence of their own or others proposed, whether to their advantage or disadvantage, whether to others’ advantage or disadvantage, after the investigation by the court, the court should consider it as the evidence of the fact found. The principle of common evidence theory is rooted in the free proof, it can be applied to the opposition parties, it can also be applicable in the common litigation and the third person conditionally. Our country’s civil procedure law and relevant judicial explanation did not make specific provisions on the principle of common evidence. Influenced by the court obtaining evidence according to the power, heavy entity light procedure and other factors, the judges aren’t generally familiar with relevant theoretical knowledge of the principle of common evidence but they applied the dispute resolution unconsciously, which led to a certain procedural judicial confusion.As for it, we need to change the heavy entity light procedure litigation idea, perfect the principle of common evidence theory knowledge system, speed up its legislative agenda into evidence, so that the judge can apply the principle of common evidence in practice more unified and more standard in case of producing the judicial confusion. At the same time, we need to design a complete set of security procedures, fully safeguard the rights and interests of the application of the parties, avoid the occurrence of raid the referee, so as to realize the unification of the entity justice and procedure justice. According to the new type case in the new period which may have the same issue, introduce the issue preclusion validity theory to solve them, achieve perfect docking with the principle of common evidence, and solve the dispute reasonably and efficiently.