The Theory Of The Assistance Obligations Of Evidence Investigation In Civil Procedure

The assistance obligations of evidence investigation is a kind of public law obligations.According to it,the parties and the third person who need not bear burden of proof,should submit their evidence to the court for investigating.This legal system can discover the real,protect the interests of the parties,balance the status of both parties and even promote the effectiveness of litigation.Meanwhile,to a certain extent,it also can ease the challenges of litigation efficiency in the current judicial environment.Born in the modern lawsuits,The assistance obligations of evidence investigation has gradually developed into a basic obligation that can be applied to all types of civil litigation.The investigation of the research and legislative provisions about the assistance obligations of evidence investigation in civil law countries or regions has been perfect.But in our country,which inherits civil law trial thinking,it is imperfect.For example,it is not stipulated in our law,rarely appeared in the theory study.Because of the this problem,it is hard for the court to find the truth of the case.In addition,it can not protect the interests of the parties and balance the status of both parties.In the civil law system of Germany and Japan,the assistance obligations of evidence investigation has become more and more systematic.The scholars in Taiwan are also recognized and studied under the influence of Germany and Japan.Under the traditional debate,a party who make the claim,should take the burden of proof.So it does not produce the assistance obligations of evidence investigation.But in the revisionism or the synergy,it must exist.Modern civil litigation theory also protects its development.In view of the effectiveness and significance of the assistance obligations of evidence investigation to our country’s civil litigation,we draw lessons from the experience of Germany and Japan and our Taiwan region,analyze the current situation of legislation in our country,and construct a clear evidence investigation system,as well as pacific obligations.In addition to the introduction and the conclusion,this paper is divided into four parts:In the first part,the author expounds and distinguishes basic theory of the assistance obligations of evidence investigation from similar concepts.First of all,this paper clarifies the connotation and characteristics,nature and classification of the assistance obligations of evidence investigation.Secondly,it analyzes the effect and significance of the assistance obligations of evidence investigation on civil litigation practice.Finally,to analyzes the necessity of the independent existence of the assistance obligations of evidence investigation on the basis of analyzing the basic theory of the obligations of explain the case which is easy to confuse the concept,it demonstrates that the assistance obligations of evidence investigation is necessary to exist.The second part analyzes the status quo of the assistance obligations of evidence investigation in our country.First of all,because it is based on the assistance obligations of evidence investigation arising from the premise of evidence investigation,the author analyzes China’s burden of proof system under the evidence collection and evidence investigation system status quo.Then,it demonstrates the specific stipulation of the system of the assistance obligations of evidence investigation in the current civil litigation legislation.Finally,under the above analysis,we find the problem of our system of the assistance obligations of evidence investigation.In the third part,the paper introduces the relevant provisions of the civil law system of Germany,Japan and our Taiwan area.By analyzing the relevant theoretical experience of civil law,this paper gets related legislation and guides the system of the assistance obligations of evidence investigation in our country.In the fourth part,the author puts forward some concrete suggestions on how to construct the assistance obligations of evidence investigation of our country.First of all,it reveals the source of theoretical core of the assistance obligations of evidence investigation,and provides favorable theoretical support for perfecting it.Secondly,it analyzes the relevant contents of the draft of the "evidence explanation",and demonstrates the feasibility and necessity of perfecting the compulsory system in our country.Finally,it makes a detailed regulatory recommendation on the specific content of the assistance obligations of evidence investigation to maximizing the promotion of litigation.