On The Improvement Of My Country's Civil Evidence Contract System

Factual proof is the core content of civil action,and the evidence contract will have a fundamental impact on factual proof.The evidence contract is the litigation contract in the field of evidence.It shows the spirit of private law in the field of civil action.It is not only conducive to avoid arbitrary trials by the judge,but also improves judicial efficiency and promotes the smooth settlement of disputes.But at present the evidence contract in China is not deep enough in the theories,and exists the imperfect problem of law system.Therefore,in order to realize the value and function of evidence contract,it is necessary to complete our country's Civil Evidence Contract System.This article mainly uses the empirical analysis method to analyze the reasons behind the present situation,and propose the suggestion of completing our country's Civil Evidence Contract System by describing the present situation of the evidence contract in our country's legislative and the judicial field.In addition to the introduction,the full text is divided into four parts:The first part,the general theory of the civil evidence contract.The civil evidence contract is the consensus between the parties.It has legal effect and completes by relevant facts and the fact of the determination method.The understanding of the evidence contract can not be separated from the definition of consensus and the influence of the judge.According to different standards,there are many ways to divide the evidence contract,and there are mainly nine categories of evidence,such as:the time limit for evidence,the admission contract and the evidence exchange contract.The establishment of evidence contract is conducive to limit the arbitrariness of the judge,realize individual justice,improve litigation efficiency and promote the solution of disputes and so on.The second part,the status assessment of the civil evidence contract in our country.The legislation of our country only stipulated two types of contract:proof limitation...It exists some problems,such as the narrowness of contracted domain,the deficiency of review mechanism and the deficiency of relief mechanism.The third part,the reason analysis of the imperfection of our country's Civil Evidence Contract System.Its reasons mainly have three aspects:first,the level of consciousness.It mainly reflected in the weakness of the parties' consciousness of right;second,the institutional aspect of objective environment.It will mainly be seen in the effect of authority principle pattern and the deficiency of the environment of good faith.The fourth part,the perfection of our country's civil evidence contract system.Firstly,we should optimize the subjective and objective environment which is suitable for the Civil Evidence Contract System;secondly,we should establish the basic principles which the system should follow;finally,we should perfect our country's Civil Evidence Contract System.At least,we should consider contract types,the application types of cases,the formulation of the contract,contract revocation and cancellation of contract,relief and other factors.According to the contract,evidence of legislative and judicial status quo,clear the main content of these elements.