On The Construction Of Civil Affairs Evidence Investigation System In China

"Based on facts and take law as the criterion" of our country's courts at all levels is the basic principle of civil trial,as the trial of the case facts based on find out and confirm without evidence,civil evidence is the precondition of the court hearing the case the referee and fundamental,as a result,modern civil litigation evidence rules in essence is the referee rules.Increasingly along with the reform of trial mode in our country modernization development,to the depth and breadth of our country all levels of court trial way is completed by the court before the functions and powers doctrine mode gradually to the deep transformation,the adversary model attack-defense confrontation between the parties is reflected in the our country civil litigation legislation and judicial,this conform to the world development trend,meaning and historic progress.The shift on the one hand,limits the court authority,the principal position of the parties to proceedings national legislation step by step,on the other hand,as "who advocate who proof" of evidential rules become a consensus of judicial practice,the burden of proof beyond dispute to transfer to the appropriate parties,in order to smoothly fulfill the burden of proof,the parties to establish and perfect the system of right protection of proof is particularly critical.Looking a sound legal system countries around the world,after a long period of accumulation and precipitation of rule of law,they are on the legislation and the judicial system has formed a relatively perfect strict party proof right guarantee system,the realization of the rights of proof for the parties concerned provides the system guarantee of the good.But in the judicial practice in our country,along with the burden of proof is aggravating,is proof of rights has become increasingly diluted,the resulting difficulty of collecting evidence is difficult to guarantee the parties phenomenon emerge in endlessly.In order to adapt to the judicial reform and public law,under the condition of national legislation in our country has not yet been established,the civil evidence investigation is underway on a trial basis order around the system,the system of trial practice has obtained the good effect at the same time,there is also a series of problems.Therefore,as a breakthrough point,this paper discusses present situation and reason of the difficulties of proof,the parties to unearthed in the legislation and judicature in our country evidence collection rights on the existing problems,and will look to the outside,to the outside,studies and reference system of developed country related legislation finally ideas for the perfection of China's national conditions.Full text in addition to the introduction,main text is divided into five most.First part from our country court in judicial documents related to the connotation of civil evidence investigation makes clear,it is concluded that the system after the connotation briefly analyzes characteristics,in order to deepen the understanding of the concept of master;The second part of the civil evidence investigation to the analysis of existing legal basis,from the perspective of the parties rights and neutral judicial organs,the system guarantee of litigation procedure justice value calculated value neutrality,and guarantee the court to certification system of civil evidence investigation to the value rationality,providing theoretical basis for further argument;Any generated to establish and perfect a system is inseparable from the social reality of soil,the third part for the civil evidence investigation to analyze the realistic foundation,both to the existing civil litigation proof protection stipulation in the legislation present situation,also analyzes the district court in the judicial practice are summarized and reflection,affirmed the constructive approach,both at the same time analyzed the existing problems and can be perfect.To sum up,the current legislation in our country security taking shape of proof on the parties,but in the proof,the right of lawyer civil investigation and court authority to obtain evidence still has obvious flaws and lag,the forensics way between could not on the system of good tight cohesion,it also provides the necessity for civil evidence investigation system,at the same time the paper around the court's judicial practice affirmed his social effect on the one hand,on the other hand,analysis of existing problems,and points out that also for our country shall practise a system of civil evidence investigation has provided the feasibility;The fourth part mainly introduces the civil action evidence system of protection of the rights of outside.The first part is the most typical of Anglo-American law system of evidence open system is studied,then the focus to the continental law system,mainly study command system are put forward on the documents.By reference to the guarantee of the forensics model,different law system and analyzing the system of excellent genes,help to clear the security system of evidence of civil action in problem solving of strategic thinking,clear the direction of the perfect the related system in Chinese;The fifth part integrated various experience at home and abroad,to our country shall practise a system of civil evidence investigation to the idea of practical and operability.