Research On Legal Civil System Of Civil Evidence Preservation

The system of civil evidence preservation of evidence links as part of China's civil procedure is very important in,for the parties to settle disputes,clear responsibilities,and the court found the real case,justice,legal disputes,has a very important significance to promote the harmonious development of society.In addition,the system fully embodies the collection and Revelation of evidence,and promotes the resolution of disputes outside litigation,as well as the function of ensuring fairness and efficiency of litigation.In 2012,China's Civil Procedure Law on the evidence preservation system has made some changes,it is undoubtedly a great progress,but due to the specific procedure regulations are still not very rude,caused by the implementation of practical operation and difficulties in the judicial practice,can not give full play to the effectiveness of evidence preservation system,Give full play to its maximum procedural value.In view of this,the author starts from the concept of preservation of civil evidence in hand,as a specific procedure,with preservation of the main legal and specific behavior,preservation of the necessity and urgency of preservation procedure,selectivity and discretion of the characteristics,and has collected and the discovery of evidence,determine the facts of the case,to solve the disputes,litigation resources conservation action function.The purpose of this is to determine the necessity of perfecting the legislation of the system of civil evidence preservation;then through theoretical analysis and practical research on the preservation of civil evidence abroad,summed up the mature experience for the civil evidence preservation system in China to improve guidance,such as the specific conditions for the preservation of evidence,ensure the parties involved right and effective;secondly through legislation and judicial practice of our country,from the start,ruling,program execution analysis facing the problems in practice,such as pretrial evidence preservation system is not perfect,the applicable conditions of the civil evidence preservation of single jurisdiction is unreasonable and cost effectiveness,and the provisions of the lack of relief measures and analyze the reasons;finally,the third part puts forward the existing problems,clear the legislation in principle,mainly for its legislation The discretion of judicial practice and law lead to humble in too big a problem from the angle of legislation put forward regulation of specific procedures and suggestions.For example, in order to improve the civil evidence preservation system before litigation,we should limit the scope and elements of civil evidence preservation,and determine its jurisdiction,cost bearing and effectiveness,and improve relief measures,such as the designation of special agents and the establishment of regulatory measures for parties not to assist.To this end,I hope to provide some reference for the improvement of the system of civil evidence preservation.