Research On The Codification Of Civil Evidence

Evidence is the core of litigation,trial basis,evidence system is the soul of the litigation system,is the only proper course to take a fair trial.The famous British jurist Bentham(Jeremy Bentham)said,"the direct purpose of procedural law is the guarantee of a fair judgment,the effective law applies properly to the real facts of the case;and this must be based on the relevant evidence." In short,evidence is the basis of judicial justice.Evidence is the basis for ascertaining the facts,and the fact that it is the premise of the applicable law.Then,the legislature on what is prescribed evidence,how to collect evidence,who will bear the burden of proof,which actually belongs to the object of proof,the level of the problem,not only is one of the important signs of a specific litigation system,but also directly determines the degree of realization of substantive justice.In this sense,a country's judicial system is advanced or not,and ultimately depends on its evidence system.Compared with western countries,China's civil evidence legislation on a relatively short time,China's civil evidence system in terms of legislative theory,or in practice there are still many areas for further improvement.Based on the relevant theories of the civil evidence system,this paper explains the defects of the present civil evidence system,and expounds the necessity and value implication of the codification of the civil evidence.Combined with the Western code of practice,the future development trend of China's civil evidence system is discussed,and then the Chinese way of civil evidence codification is put forward.In theory,reviews and summarizes the domestic and foreign legislation on civil evidence theory;the demonstration method,the author combines the local practice of civil trial work,by comparison with the Western model,find out the similarities and the lack of evidence legislation,a profound analysis in practical problems,put forward to perfect the civil evidence legislation of our country.In order to establish,perfect our civil evidence system of civil evidence law and provide a reference for the judicial practiceand expectations of service.