Principle And Application Of Equality Of Weapons In Civil Evidence Law

Weapons of the principle of equality is a logical precondition of civil evidence law.From achieving substantive equality perspective,weapons of the principle of equality is advantageous to safeguarding lawsuit right of vulnerable group's litigant equally and established foundation to achieve goal of justice.Weapons of the principle of equality has been paid attention gradually than before with the enhancing of substantive equality and has become an important guiding principle.This paper studied how to carry out weapons of the principle of equality completely and this is excellent for problem-solving.Focusing on implementing substantive equality is very appropriate.Purposes and internal motives determine the major content and the major viewpoint in this paper: Improving collection independence that must occur to make evidence collection fully-functional;Burden of proof is judicial rules that has the function of guiding to evidence collection,presenting evidence,forensic debate,cross-examination and confrontation;In order to ensure fair rivalry,we tend to divide litigation risk equally between litigants.Until now,there is no developed separate civil evidence law and relatively backward for our civil action evidence system.A chapter on evidence system has merely been stipulated in the civil procedural law.There are no evidence rules about weapons of the principle of equality.From achieving weapons of the principle of equality perspective,some evidence rules are flawed,such as burden of proof,standard of proof,the self-confessed rule and so on.The civil procedural law is the need of public resource.To ensure orderly operation of capital recombination of the civil procedure and realize fair and justice,the modern lawsuit has been guided by weapons of the principle of equality,we should consummate a series of procedures and system such as evidence collection,burden of proof,cross-examination andconfrontation,certification.These positive and effective measures are not only in favor to promote to enrich evidences,but also achieve case real situation.