Study On The Internal Contradictions Of The People's Court In Applying For Investigation And Evidence Collection System

The entry and retreat of the people's court in accordance with the application for investigation and evidence collection is the reflection of the expansion and contraction of state power in the field of litigation during the social transition period.In the broad and profound and has a long history of legal culture in the long history,the people's court in accordance with the application of investigation and evidence collection system has experienced the twists and turns,and finally in the wave of reform as an important part of the evidence system of civil litigation to settle,plays an important role in the civil litigation activities of the standard and perfect.In the face of the current high-speed operation of the economy and the like a raging fire of the judicial reform,the people's Court of China in accordance with the application of investigation and evidence collection system is also constantly adjust and perfect,because the game the system embodies the court authority and the parties the burden of proof in the field of litigation,therefore exposed in the judicial practice of the problem is also predictable.This article through to the P court in recent three years,575 in accordance with the application of investigation and evidence of divorce cases samples were investigated,using empirical analysis and case analysis,the current China's people's court in accordance with the application of investigation and evidence collection system in the running process of the problems and functions of adducing the intrinsic contradiction of unbalanced court.The first part,the people's court in accordance with the application for investigation and evidence collection system,this part mainly talks about the establishment of the people's court's application for investigation and evidence collection system and the necessity of its implementation in judicial practice;The second part,through the form of cases,reveals the current people's court in accordance with the application of investigation and evidence collection system implementation difficulties;The third part,the analysis of the system operation process there are non-standard reasons,that is,the existence of internal contradictions,through the carding of the content of the system,summed up the contradictions of the three forms of expression;The fourth part is to study and formulate the balance measures of the internal contradictions of the people's court in accordance with the system of application for investigation and evidence collection.Through the guidance of the principle,we can promote the reconstruction of specific systems from many angles and realize the system with the times.