Research On The System Of Evidence Collection In Civil Procedure In Korea

For the purpose of interests’ adjustment and dispute resolution between private individuals in the ordinary civil proceedings, according to the doctrine of adversary system, the parties shall bear the responsibility of providing evidence to prove their own claims except as required by law, and the court make a decision on the basis of the evidence provided by the parties. Therefore, the collection and presentation of evidence material becomes the key to win a lawsuit, and gathering evidence in favor of their own proposition as much as possible is the main litigation activities to the parties.But with the social transformation of specialization and technological innovation,the evidence in the proceedings was in serious bias, especially when the significance of the material were not controlled by the instruments themselves, how to collect the material that controlled the other party or a third person who are negative to provide the evidences has become a challenge against the civil lawsuit.The first part of this paper introduces the system of evidence collection in Korean civil procedure, including the parties to collect evidence by itself, lawyers note system, litigation preservation and the system during the evidence investigation procedure.In the second part, the paper puts forward the order system as the starting point, and makes a theoretical study on it. Including the nature of the instrument proposed program command.Comparing the relevance ofevidence collectionwith the relevance of the evidence admissibility. Finally discussing the exclusions.The third part based on the collection of evidence in our country, the development process of starting, combined with the existing civil procedure law and interpretations, summarize the elements of our existing documentary evidence submitted in the presence of unknown and unequal rights and obligations, the program of the lack of protection of the situation.The fourth part combined with the previously described Korean documents put forward the contents of the command system, so as to improve the constructing our country civil documentary evidence of system. Establishing the documentary evidence of the scope and application requirements, defining theexclusions, and on the basis of optimization; constructing secret protection program. In addition, this part puts forward the directory through documentary evidence, as well as relief programs to strengthen the function of collecting evidence.