Research On The System Of The Court Investigation And Evidence Collection Upon The Application Of The Parties In Civil Action

In order to safeguard their legitimate rights and interests,the parties shall provide sufficient evidence to the court to support their claims in civil action.In civil litigation,court investigation and evidence collection refer to the legal activities conducted by the court to investigate and collect evidence in accordance with the scope and procedure stipulated by law in order to prove specific case facts in the process of hearing civil cases.Depending on whether the court takes the initiative to investigate,there are two kinds of investigation and evidence collections.One is according to the court duties,the other is upon the application of the parties.The reform tendency to restrict the investigation and evidence collection by the court authority and improve the investigation and evidence collection upon the application of the parties.It is reasonable to establish the court investigation and evidence collection system upon the application of the parties.Firstly,it is the need to protect the legitimate rights and interests of the parties and pursue justice.Secondly,it is consistent with national conditions of China.When the parties and their litigants collect evidence from government administrative departments and relevant functional organizations,such as banks and real estate departments,they are often rejected and cannot collect evidence smoothly.Therefore,the parties often fail to provide sufficient evidence.In addition,The Civil Procedure Law in China has deficiencies in system design,and the guarantee mechanism of proof-providing by parties is not sufficient.For example,as for the system of prompting witness to testify in court and the inability to provide evidence by the parties,there is no relevant regulation at present.In reality,the litigant who lacks litigation ability can only hope to apply to the court for investigation and evidence collection.At this time,the court's investigation and evidence collection is to provide assistance to the parties' evidence collection.It is to find the truth of the case,so as to make a fair judgment.The laws and judicial interpretations in China have provisions on the court investigation and evidence collection applied for by the parties,but there are some deficiencies.They lack specific operating norms and clear provisions.There are various implementing measures in practice.As for the staff involved in the investigation,some courts send judicial assistants to investigate,while others send bailiffs or other temporary staff to investigate.Also,some courts only accept the application from parties before a hearing,some courts do this before the end of the court investigation,while others do this before the judgment is made.In the course of investigation and evidence collection,some courts inform the parties in advance to be present,and other courts send judges to do it themselves.There are various implementing measures in judicial practice.What is more,the pressure of too many cases and too few workers generally exists in the court.The burden of the court investigation and evidence collection is very heavy.The respond to the parties' request is also often informal.Parties are easy to question the work of the court.Also it may cause denial of justice.Combined with the judicial practice experience,this paper summarizes the existing problems of the court investigation and evidence collection upon the application of the parties.The main reasons are as follows: Firstly,in terms of legislation design,the provisions on the court investigation and evidence collection upon the application of the parties are inconsistent.New laws are unclear to previous ones.Judges have different ways to apply the laws,and in many cases it is difficult to guarantee the equal litigation rights of both parties,which affects fair judgment eventually.Secondly,the laws and judicial interpretations in China have some provisions on the court investigation and evidence collection upon the application of the parties.However,it lacks clear stipulations on subjects and methods of investigation and evidence collection.As for the right of application of the parties and the right to investigate and collect evidence of the court,there is no enough procedure guarantee.Therefore,they face various difficulties when exercising these rights.Thirdly,judicial resources are limited.An investigation affects not only the proceedings of one case,but also the proceedings of other cases.After all,Courts have limited staff and often concentrate on trying cases.If parties' application for investigating and collecting evidence is approved,it will consume a lot of the judge's energy.Also,some judges are too strict.Some parties' legitimate applications are not allowed.However,the solutions are limited.After analyzing the reasons of the above problems,based on the correct positioning of the court investigation and evidence collection upon the application of the parties,the author puts forward some ideas for improvement.Firstly,improve the relevant rules for the investigating and collecting evidence upon the application of the parties.For example,how should the establishing standard be mastered? Who conducts court investigations to collect evidence? How does the court carry out investigation and evidence collection? Secondly,strengthen the judge's interpretation right.In the case,through the interpretation of the judge,the parties can fully understand which evidence should be obtained by themselves and which can be applied to the court.So it can clarify their own burden of proof and the corresponding legal consequences,cultivate people's legal awareness gradually and establish a faith in the law.Thirdly,in recent years,the court gradually began to entrust the notary public to investigate and collect evidence,which is also discussed in this paper.