Discussing On The System Of Evidence Collection Before Litigation

Evidence is the basis for the facts of the case in civil proceedings.The amount of evidence and the relevance of the facts that directly determine the interests of the parties and the success of litigation,no matter what the proof is,revert the facts of the case depends on the collection of evidence.Therefore,the collection of evidence constitutes the cornerstone of the civil evidence system and the civil litigation system.On the basis of the original function of evidence collection,evidence collection before litigation expand the prevention of litigation and promote the settlement of litigation what have reduced the pressure of judicial trial.The way of evidence collection before litigation mainly concentrates on the system of evidence preservation before litigation,compared with other Civil Law and Common Law countries,the way of evidence collection before litigation in our country is relatively simple,and the legal protection of the right of evidence collection is weak.In the theory of traditional liberal civil litigation,there is no theoretical basis for the collection of evidence before litigation,With the change of the theory of civil litigation from formal justice to substantive justice,the rise of the principal status of the parties,the establishment of the bona fide and the advancement of the prevention and the promotion of the legal procedures,the collection of evidence before litigation has the soil of development and improvement.In view of the fact that a lot of imperfections still exists in our evidence collection before litigation system,we should improve it under the current situation and the learning from other countries,in order to give the evidence collection before litigation system an important role in the civil litigation.In addition to the introduction,the conclusion,this paper is divided into four parts:The first part explains the meaning,nature and function of the evidence collection before litigation.On the basis of the interpretation of the meaning and nature of the evidence collection before litigation,the paper further analyzes the role of the meaning and the related concepts in order to clarify the connotation of the evidence collection before litigation system.The second part analyzes the present situation and the predicament of the evidence collection before litigation in our country.It is pointed out that because of the influence of the litigation model and the lack of foreclosure system in law;it is difficult for the parties to collect the evidence from the other party.The paper describes the current predicament and the reasons for it,in order to highlight the importance of evidence collection before litigation.The third part makes a comparison analysis of the evidence collection before litigation in Civil Law system and Common Law system.Focus on two major legal systems of evidence collection before litigation.On the mode of evidence collection before litigation,Common Law countries pay more attention to the parties,and Civil Law countries emphasize the power of the judge.Different evidence collection methods are closely related to their social background and litigation model.It is helpful to analyze the system of evidence collection before litigation in different countries and to provide reference for the system of evidence collection before litigation in China.The fourth part explores the perfection of the evidence collection before litigation system in our country.First of all,On the basis of analyzing the system of evidence collection before litigation in China,located in the suitable litigation mode of it,so as to explore the particular improvement of China's evidence collection before litigation system.In the specific system design,improving the existing pre-trial evidence preservation system,establishing pre-press information exchange system and adding the pre-trial lawyer investigation system.At the same time,we should pay attention to the combination of litigation mode and the actual situation of our society through designing these systems,so as to ensure the successful implementation of the evidence collection before litigation system.