Reflection And Suggestions Regarding The Preservation Of Evidence Theory Within China's Civil Procedure Law

Preservation of evidence is one of the most important systems under the background of the socialism.As the rapid development of science and technology,modern litigation disputes also will broke through the traditional model and present a diversified situation.All kinds of crimes also emerge in endlessly.In cases involving intellectual property or the environment pollution,for example,in these cases,there is a very obvious characteristic,which is the proof difficulties.Especially at some situation that the evidence is about to loss or hard to be obtained.If there is no perfect system to restore the security interests,even the parties have a heart to actively collect evidence,it is also not helpful.Therefore,the demand of the field of civil action for evidence preservation has been growing.However,due to the scattered evidence preservation theory system in our country,and for preservation of evidence theory is relatively backward,causes and various deficiencies in legislation are being struggled to break through.At the same time,also due to the current chaos of theoretical system of evidence preservation,caused the practice problems by the incomplete evidence preservation procedures in the various contradictions and conflicts,thus systematic detailed and to build our country civil evidence preservation theory system step by step is particularly critical and urgent.The existing problems of preservation of evidence theory in our country currently are mainly classified into the following: concept definition fuzzy,start the set up of a single,efficacy has not been confirmed and insufficiency,etc.From the perspective of the judicial practice of our country now,transform the evidence preservation system in our country has become inevitable.The first task is to clarify a series of related theoretical issues.The author believes that the real purpose of preservation of evidence in our country is the way of expansion of the parties to gather evidence.Compared with other countries and regions of the relevant system,promote the improvement of the system of evidence preservation and development of specific solutions should be the first comprehensive carding evidence preservation of the theoretical issues.With the conception of clear its right to its nature,function,effect and the value of a series of problems are fixed and confirmed,on this basis,combining specific measures to perfect,the concrete measures are: expand the evidence preservation of the implementation of the main body.Of additional evidence preservation start conditions,I.e.to determine the state of things and subject to consent by the other party for the purpose of the two cases.At the same time,through strengthens of the evidence preservation program procedure guarantee to confirm the validity of the evidence obtained evidence preservation program.This kind of argument also is the innovation in this article.Differ from the past arguments by scholars about the civil evidence preservation system or the legislation to prove the related problems of the civil evidence preservation system or the legislation to prove the related problems of the civil evidence preservation theory system as the main body,the writer takes the civil evidence preservation theory system as the main body in this article,to explore China's civil evidence preservation issues and solutions.According to the writing of this thesis is divided into three parts,the first part is from the concept to comb evidence preservation theory.Evidence preservation theory related problems: nature and function,efficacy,and value.Comb and summarize the countries and regions outside of evidence preservation theory concept theory as a reference.The second part is about the first part for evidence preservation theory parsing an in-depth thinking,and to discuss the evidence preservation theory for which merit and limitation of the main research of this thesis to point out the direction.The third part is to build our country evidence preservation theory research.Aimed at the shortcomings of the theory system of our country,and to give reasonable suggestions and the frame,and slightly on the reform of the system of legislation and put forward some suggestions.