Study Of The System Of The Court's Investigation And Taking Evidence In Civil Litigation

Evidence,the soul of the activities of civil litigation,is an important basis for ascertaining the facts of a case.In the current Civil Procedural Law of our country,it is explicitly provided that he who claims must prove.Meanwhile,the people's court is entitled to the right of investigation and taking evidence in accordance with the party's application or the court's power and function.Being a supplementary means for the party to investigate and take evidence,the system of the court's investigation and taking evidence in civil litigation is reasonable and necessary.However,there are a lot of problems existing in the operation of the system.The following measures,which include the refining of the scope of objective causes,the exercise of the right to investigate and take evidence by the judge's assistant,the guarantee of the party's right of collecting evidence material,the enhancing of the lawyer's exercise of the right to investigate and take evidence,the unification of the judges' criterion for decision,etc,should be takento amplify the system in procedure.Meanwhile,some auxiliary measures,such as going into overdrive of popularizing law,strengthening the cooperation of functional departments,and enhancing the internal training of the judges,etc,to guarantee the good performance of the system in our country.The study of the system of the court's investigation and taking evidence in civil litigation should suit the requirement for procedural justice in judicial reform.Thus,the system can be really beneficial to the court in ascertaining the facts of a case in civil trial,and realize its aim for settling and ending disputes so as to make every party to feel fairness and justice in judiciary cases.