Study On The Evidence Collection Of Civil Litigant

The party’s evidence collection is the premise and basis for the parties to bear the burden of proof.In civil lawsuits,evidence serves as the basis for ascertaining the truth of a case and is the cornerstone of normal litigation activities.The parties,as the leading players in forensic activities,bear the burden of proof on the facts of the case.In order to better realize the right of the parties to collect evidence,they must have a sound evidence collection system as a support to ensure that the parties collect evidence from the evidence holders in practice.Can be smooth,without any obstacles.However,in fact,in judicial practice,due to the imperfect provisions of the law on party evidence collection systems,the lack of corresponding institutional guarantees for procedures,and the lack of effective relief mechanisms when the parties’ right to evidence is infringed,resulting in the parties collecting evidence.There is a deviation between ability and ability to bear the burden of proof,which in turn shakes the procedural main body position of the parties in civil lawsuits,causing the parties to face difficulties in the process of collecting evidence and causing litigation activities to continue.For the various problems encountered by the above-mentioned parties in the forensic activities,they can be well resolved through a complete system of evidence collection for parties in civil lawsuits.Therefore,on the basis of studying and borrowing the evidence collection system for foreign parties,this paper analyzes the provisions of the current civil procedure law in the parties’ evidence collection system,finds deficiencies,and then puts forward rational suggestions on how to improve the party’s evidence collection system.To realize judicial justice and improve it.This article first expounds the basic theory of the system of evidence collection in civil litigation.At the same time,it analyzes the function of the system in detail,makes clear the principal position of the litigant in civil litigation,and has an important impact on the realization of litigation justice and the improvement of litigation efficiency.Secondly,by comparing the parties’ evidence collection system in the major countries of the two major legal systems,we find out the problems existing in the collection of evidence by our country’s parties and emphasize the unfavorable consequences that these problems will have.Finally,on the basis of the combination of the current situation of our country’s legislation and judicial practice,the author proposes some ideas for perfecting the evidence collection system for parties in civil litigation in China,including improving the procedural guarantees for the party’s right to collect evidence,that is,perfecting the document submission order system and establishing pretrial preparation procedures.Expand methods and measures for the parties to collect evidence,set up the preparation of the quid pro support system,the establishment of the evidence investigation order system,the establishment of the out-of-court testimony enrollment system,and the improvement of the methods for the parties to collect evidence before the suit.When the parties’ right to obtain evidence has been infringed upon,they can achieve relief by perfecting the system of proving obstacles to exclusion,perfecting the system for courts to apply for investigations and evidence collection,and establishing measures to guarantee the protection of lawyers’ right to collect evidence.