Research On The Right Of Parties To Investigate Evidence In Civil Procedure

The Chinese law stipulates that the judges made by the people’s courts shall be based on the facts of the cases that can be proved by evidence.In the process of civil litigation,the confirmation of the facts of the case and the application of the law are often carried out only through the evidence provided by both parties.Safeguarding the legitimate rights and interests of the parties plays an important role,and it is also of great significance to the court to find out the facts of the case and realize the justice of the lawsuit.At present,China has formed a mode of investigation and collection of evidence mainly by parties and supplemented by courts.The legislation is too abstract,and the practical environment is not ideal to hinder the exercise of the right of both parties to investigate and collect evidence,resulting in the parties repeatedly facing a wall in the process of investigating and collecting evidence.This paper takes the right of parties to investigate and collect evidence in civil litigation as the research object,and carries out research from the following four parts: the first part is the basic principle of the right of parties to investigate and collect evidence.Firstly,this paper explores the concept of the right to investigate and collect evidence from the theoretical level,and defines the connotation of the right to investigate and collect evidence from the four aspects of exercising the subject,the object of collecting evidence,the content of the behavior and the time of exercising.Secondly,it discusses the difference between the right of investigation and evidence collection and the similar concept.Finally,the author believes that the right of the parties to investigate and collect evidence is a procedural right,and the essence of this right is the right of litigation,which comes from the right of the parties to civil litigation,which has a variety of functions in litigation.The second part is the comparison and reference for the protection of investigation and evidence collection right of parties outside the region.This paper selects a more comprehensive construction of the investigation and collection right of the parties to compare and draw lessons from the United States and Japan.Through the research on the implementation procedures of the investigation and evidence collection right of the parties to the above countries,this paper improves the way of sanctions in violation of the investigation and evidence collection system in China,sets up a pluralistic way of investigation and evidence collection,and establishes a guarantee mechanism for witnesses to appear in court.The third part is the analysis of the current situation of investigation and evidence collection right of civil litigation parties in China.This paper expounds the relevant provisions of the relevant right of the parties to investigate and collect evidence in China,and analyzes the problems such as the incomplete legal procedures of the parties to investigate and collect evidence,the relatively single way of investigating and collecting evidence,the lack of guarantee system for investigating and collecting evidence to witnesses,and the imperfect relief mechanism after the blocked investigation and evidence collection.The fourth part is to improve the system design to guarantee the realization of the right to investigate and collect evidence.The main ideas are put forward from the following four aspects: first,it is to improve the operation system of the parties to investigate and collect evidence,second,it is to establish a pluralistic method of investigating and collecting evidence,third,to improve the guarantee mechanism of investigating and collecting evidence by the parties,and fourth,to improve the mechanism of investigating and collecting evidence by the parties.