Reflection On The System Of Civil Evidence Preservation Of Court

In the current judicial practice in China,evidence preservation of court and evidence preservation notarization provide the multiple choice way of collecting evidence for civil subject.With the reformation of judicial system for specified number of personnel and the registration system,the number of the judge is strictly controlled,the reality of the problem is that the number of people more than number of trials,which is becoming more and more serious.Facing huge pressure to the case,the judge has no time for the implementation of the evidence preservation duty.Notary organ as another civil evidence preservation subject with its unique advantages favored by the masses of the civil main body,evidence preservation notarization become an important way for civil main body to seek for effective evidence to support the fact that he advocates and safeguard their legitimate rights.In fact,notary organ preserve evidence,not only can help the civil main body who lack of legal knowledge collect,fix and preserve evidence,but also can reduce the pressure of the court's business,saving judicial resources to promote the court perform judicial function better.Should be pointed out that advocates the evidence preservation notarization doesn't mean advocate cancel evidence preservation of court,but more emphasis on the division of labor and cooperation in the field of preservation of evidence.In addition,the procedure of civil evidence preservation system in China is too simple,the existing Civil Procedure Law has not yet made detailed and uniform provisions on the preservation of evidence,whereas generally stipulate as "apply to the regulation of preservation ",there are practical difficulties and hinder the preservation of evidence to play the basic functions.In order to fully realize the function of the evidence preservation of court system,it should be based on the existing dual-track system of evidence preservation in China and make corresponding institutional arrangements.