On The System Of Court Investigation And Collecting Evidence In Civil Action

Evidence arbitrariness is an essential feature of modern civil lawsuits.The parties and their entrusted agents must submit evidential materials to prove their claims or to refute their claims.The judgment of the judge on the facts of the case is also based on the conviction of the evidence,rather than self-inference.The trend of civil judicial reform is to continuously weaken the power of the people's courts and emphasize the litigants'leading position in litigation.Due to the unbalanced development of China's current economic level,the lack of legal awareness of the masses,and the influence of traditional litigation culture,the court still has a situation of overly active application of the system in specific cases,which is contrary to the current principles and laws of civil lawsuits.This paper mainly uses the methods of theoretical analysis,literature analysis,historical analysis and empirical analysis to research the system of court investigation and collection of evidence in our country.The introduction part refers to the significance of the collection of evidence materials for follow-up trial activities.It is found that even if the limits of the civil judicial reform process continue to limit people's courts to investigate and collect evidence materials within the scope of ex officio,there is still too much initiative in judicial practice to transcend the application of laws.Situation.Under this circumstance,the main concern of the moment should not be the revision of the law.What is more,it is how to apply the system strictly in the judicial practice.The text is divided into three parts:The first part is an overview of the court's investigation and collection of evidence materials.This section discriminates the concept of the court's investigation and collection of evidence materials,and analyzes the nature of the system and the purpose of the establishment of the system.The second part is the current situation and existing problems of the Court's investigation and collection of evidence materials.From the laws of civil litigation in our country's history,we searched for the rules of the system and studied the development trend of the system.Through the study of the referee documents on the Chinese referees'documents online,the existing problems were discovered.The third part is the court's measures to improve the system of collecting evidence.This part mainly proposes perfect suggestions for the problems existing in the practice from the perspective of the court.It also proposes complementary measures in terms of clarifying the responsibility of the system and the change of litigation concept.Part of the conclusion is based on the current pattern of evidence collection and conforms to the development direction of the litigation model.It is the key to the system that the courts strictly implement investigations and collect evidence materials.