The Research Of Legality Of Evidence

With the development of economy and society, people’s awareness of their rights has been strengthened. And in civil proceedings, in order to protect their legitimate rights and interests, the parties need to provide their own evidence to prove claims litigation. But in the moment, our system of civil legislation not yet perfect, insufficient evidence the rights of the parties, legal awareness of the whole society is not strong. When legality of evidence has always been destroyed, legitimate rights and interests is difficult to be achieved through a legally valid way. The civil evidence legitimacy in the whole civil procedure for the study, not only conducive to full understand the legitimacy of evidence in civil proceedings, but also conducive to China’s civil procedure own perfection.Through dynamic study of the civil lawsuit evidence legality of the entire proceedings, the paper hope to put forward a suggest about the program of protecting the legitimacy of evidence in civil proceedings. This paper is divided into three chapters. The first chapter is an overview of the legality of evidence in civil proceedings. By parsing the meaning and scope of evidence and according to the characteristics of the target value of the civil action itself as well as the pursuit of evidence, it wants to analysis the evaluation mechanism and specific targeting of evidence in civil proceeding. At the same time,clarifying the legality of the function and value in civil procedure by comparing the legality and credibility of evidence. The second chapter is specifically addressed the legality of the constituent elements. Through putting the elements into two parts about collection and applicable procedures to analysis,clarifying the points of the protection of legitimacy of civil evidence. The third chapter is an idea about the procedural safeguards mechanisms to the evidence of the legality. Depending on the scope of the evidence itself and the different stages of civil proceedings, including forensics program,cross-examination program and authentication program, it will put forward the different suggestions.