Study Of Legal Issues Of Offering A Reward For Obtaining Evidence In Civil Litigation

The responsibility to prove in civil litigation is "He who advocates must prove",which requires the party who asserts positive facts,must provide evidence to prove his or her own claim.However,it is very hard for the party to obtain evidence in practice.In addition,the legislation on the procedures and methods for the party to collect evidence is scarce.Thus,the offering of a reward for obtaining evidence has come to be a means of private remedy for the party.As to the rationality and legality of this means,there are opinions diverging from each other in theoretical circle and judiciary practice as well.Thus,it is urgent to improve the rules of evidence which are adaptable to the means in accordance with the realities.It would be positive and practically significant to rationally regulate the offering a reward for obtaining evidence in civil litigation.We not only start from the realities of civil litigation in our country,but also learn from other countries' relevant systems to improve its application in practice.The system for the party to obtain evidence can be further optimized by the measures of enriching the means of the party's obtaining evidence,improving the remedy for the party's inability to obtain evidence and the legalization of the writ of investigation,etc.In addition,the exclusionary rule of illegally obtained evidence in civil litigation of our country should be systemized and defined.Apart from these measures,the system for the witness to testify should be improved so as to support the systems mentioned above by means of making the witness appear before the court,providing testimony and deposition,and making economic compensation for the witness.With the gradual establishment and improvement of relevant rules of evidence and legal framework,the legal issues of offering a reward for obtaining evidence in civil litigation can be regulated better.