Research On Evidence Of Court Investigation

The investigation of evidence by the court according to its authority is the performance of the court's authority in the stage of evidence collection.As the development of Chinese law and the change of the mode of civil litigation,the scope of the investigation evidence of the court's functions and powers is constantly limited,and the parties' responsibility to collect evidence is constantly strengthened.The right of investigation and collection of evidence is an important function of the court as an organ of state public power.Functions and powers,in practice,the court investigating evidence also exists many non-standard place,such as in recent years,along with the false case happens,around the court in order to prevent and taken many measures to crack down on false litigation,the court in borrowing disputes in areas such as investigating abuses by the behavior of the evidence is also more and more frequent,this not only leads to the judicial judge authority exercising of confusion,but also detrimental to procedural justice and the court's neutrality,and to a certain extent caused interference to the disciplinary right of the parties.In addition,there are many problems in the process of applying for the court to investigate the evidence according to its functions and powers.It is necessary to point out the deficiencies of the court's functions and powers and correct them.This article mainly from the Angle of theoretical analysis and empirical research two court evidence about the inquiry or by authority,on the logical framework,this paper first of all,this paper introduces the general situation of court to authority survey evidence as well as the historical evolution process in civil litigation in our country,and then from the family litigation the functions and powers of socialism,to protect the interests of the public need to collect evidence and the parties concerned in limit these a few respects to specific analysis objectively court authority to investigate the theoretical basis of the evidence.Finally,this paper makes an empirical study on the status quo of the investigation evidence of the court's authority by combining with some actual cases in the judgment document network,and puts forward its own views and Suggestions on the existing problems.