Comparative Study On The Pretrial Evidence Preservation System Of Sino German Civil Suit

When the integration of the Chinese and Anglo-American law systems was marching forward, Germany had been revising and developing its traditional civil pretrial evidence preservation system. After a period of accumulation, an independent evidence investigation procedure which was unique, status-independent, and multifunctional, was carried out. This procedure not only expanded functions of the Germany traditional evidence preservation, but also adapted well to needs of the modern civil disputes. Meanwhile, China pushed a new set of pretrial evidence preservation in the Civil Procedure Law in 2012. This step expanded the evidence collection rights of parties to a certain extent, but associated system design and supporting procedures are still far from perfect.This paper will compare the civil pretrial evidence preservation system in China with that in German to analyze the deficiency existing in our civil pretrial evidence preservation system and put forward proposals of improvement. It is my fervent hope that this article could be a reference for the achievement judicial fairness and justice.This paper will be divided in three parts, and here is a brief introduction: The first part mainly introduces the Chinese and Germany pretrial evidence preservation system of Civil Procedure Law from three aspects: background, purpose, and legislation status. The second part illustrates the similarities(mainly existing in the breadth, property, and purpose) and differences(mainly existing in function, applicable region, implemented effect and procedure) between Chinese and Germany the civil pretrial evidence preservation system, and then concludes our problems. Based on the problems, the third part puts forward several suggestions for our civil pretrial evidence preservation system.