On The Absence Of Evidence Collection System In China’s Civil And Commercial Arbitration And Suggestions

The author has been working at the Arbitration Commission of Nanjing since 2008.In the years of arbitration practice,I profoundly realize the lack of evidence collection system in civil and commercial arbitration in China.As a way of solving disputes in non litigation way,in arbitration procedure,the facts of the case precede the commencement of thearbitration proceedings.The arbitrators use their professional knowledge and experience in adjudicating the facts that have already occurred,with the adjudication being based on the examination and verification of evidence.Therefore,it can be said that the evidence of arbitration is the blood of entire arbitral proceedings..In recent years,the related research of our country’s commercial arbitration evidence system is gradually being taken seriously,the existing research mainly deal with the preservation of evidence,the litigation of arbitration evidence,and the rules of arbitration evidence.while there are few research results in the evidence collection system of civil and commercial arbitration.However,the arbitration evidence collection system plays a fundamental role in the arbitration evidence system and arbitration system.Therefore,the research on the perfection of the arbitration evidence collection system has certain theoretical and practical significance.The evidence plays an important rolein getting objective and fair ruling.On the basis of several real cases in the actual arbitration work and a comparative study of evidence collection and litigation,this article explained the concept of civil and commercial arbitration evidence and the collection of civil and commercial arbitration evidence and revealed the current status of the collection of civil and commercial and existing problems.On this basis,through the interpretation of the current laws,regulations and judicial interpretation of China,the existing problems are analyzed.Based on the interpretation of the experience of arbitration evidence collection in Germany,Switzerland,Sweden and the United States,we put forward specific proposals for improving the system of arbitration evidence collection in China.