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The Court System Of Investigation Research In Civil Litigation

Posted on:2016-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:K S ZhangFull Text:PDF
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Sufficient solid evidence of objective reality, is the key to decide victory or defeat of a civil action filed by the parties, but also the court for civil and commercial cases make a fair and impartial adjudication of the party. At present, Chinaís civil litigation process, the party if you want to get the recognition and support of the judges of his allegations, it must provide as much evidence as proactive support, to provide evidence of the parties can not be limited to their own hands existing evidence, but also by certain litigation system to ensure that the evidence related to the case to maximize appear in court activities.All along, the court investigation and evidence collection systems are constantly being amended and adjusted seen as a civil litigation system, enjoys highlight important position, is the benchmark Our Civil Trial Mode. However, our current system is still relevant court investigation is not perfect, the reality of the current situation poorly run, give full play to the guiding role of neither the regime nor the Courtís investigation activities play a good standard, many problems have been exposed. The first is not conducive to the active participation of party proceedings; secondly undermine the neutrality of the status of judges, contrary to the fairness of the proceedings; and finally result in reduced efficiency of court proceedings, the parties complained increase tired. Thus, in order to build and improve the trial mode of civil action adversary, better safeguard the legitimate rights and interests of citizens, the significance of the court investigation and evidence collection system is significant.Through normative analysis method, comparative analysis method and empirical legal analysis, the system of court investigation and evidence collection and analysis of relevant content interpretation, according to their own judgment frontline grassroots research and understanding for the many problems that exist in the trial practice, referring to the extraterritorial Chinese scholars and research carried out for reference and reflection is proposed to further standardize the court investigation powers, the implementation of the trial and the investigation phase separation mode, strengthening investigative powers legislative counsel, given its force and legal protection and the development of evidence the judgeís interpretation right program etc., it is not yet mature, recommended practices to be verified perfect the system.
Keywords/Search Tags:Civil litigation, Courtís investigation and evidence collection, Evidence-collecting depending on application, Authority to collect evidence
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