The Construction Of Evidence Contract System Of Civil Procedure In China

The content abstract civil evidence contract origins from the Roman law time formula lawsuit time, is refers take about lawsuit in determination of the fact is concerned world meeting one's satisfaction lawsuit of as the goal, the logically coherent argument thought mainly has presents evidence the time limit contract, the evidence exchange contract,confessed the contract, types and so on certificate responsibility assignment contract, have manifested litigant's in fact-finding case fact domain autonomous right.This article take the evidence contract as an angle of view, bases in the litigant principle lawsuit pattern request, is for the purpose of resting on the newest civil procedure law explanation the legal spirit, the union current society present situation, discusses in the civil action system of construction the evidence contract, links up by this with the judicial practice,impels our country civil evidence contract system development.Intention thousandth of a Yuan clear evidence contract system own frame, is clear about the evidence contract the connotation and the power, thus prevents in the civil action procedure judge to intervene the litigant meaning autonomous, the balanced litigant and referee's benefit, strengthens the litigant procedure main body status, in certain degree impels the judicial reform.Our country mainly initiates regarding the civil evidence contract system research to open up the litigant contract scope as well as the appeal establishment system civil evidence contract system.Should unify the Chinese native place national condition and the judicial practice, the refinement evidence contract rule, innovates gradually the evidence contract type,proceeds in an orderly way perfect evidence contract system.Constructs the civil evidence contract system is not stiff carries on the legislation with to formulate the statute book.But is follows the litigant to debate the principle and the punishment principle, the foothold solution dispute and the guarantee is fair, causes the evidence contract correlation stipulation to conform to the procedure, has the feasibility and the usability, the genuine convenient litigant,enhances the lawsuit efficiency.The first part of encompassment civil evidence contract launches the outline.The evidence contract concept nature as well as the predominant type are the important basic theory questions.Separately to presents evidence the time limit contract, the evidence exchange contract, the certificate responsibility assignment contract, confessed the contract,the appraisal contract carried on have analyzed one by one.The second part has studied the civil evidence contract in our country's present situation.From our country's legislation present situation, sets up the hindrance, the judicial practice angle discussion civil evidence contract system necessity and the feasibility.Then inspected outside the territory in the third part the various countries?regions?' evidence contract system,the absorption experience summarizes the lesson, consummates our country civil evidence contract system by the time.The fourth part mainly elaborates our country civil evidence contract system systematization construction.In the contract idea, the legislation pattern, the necessary measure three aspects, from abstracted concretely to outlined the evidence contract system embryonic form, the endeavour safeguard civil evidence contract system considerable development...