Research On The Obligation To Cooperate In Civil Litigation Evidence

Under the premise mode of traditional verhandlungsgrundsatz,the party who are not responsible for the burden of proof and the third party have no obligation to assist the the party bearing the burden of proof to obtain the facts and evidence of the case.However,under the new historical conditions,in modern litigation cases such as medical treatment,environment,public hazards and consumption,the technicalization and complexity of the cases are universal.Therefore,it often happens that one party bears the burden of proof,but the evidence is in the hands of the other party and the third party.The obligation of evidence cooperation in civil litigation can fully mobilize the enthusiasm of the party who are not responsible for the burden of proof and the third party in the aspect of civil evidence collection,and provide institutional guarantee for the equality of parties’ evidence collection means in civil litigation.Furthermore,it can also correct the defects of the relevant norms of evidence cooperation obligation in civil litigation,which is conducive to assisting the court to find out the truth of the case,so as to realize the substantive fairness between the parties to the greatest extent.In addition to the introduction and conclusion,this paper is divided into five parts:The first part summarizes the background of the civil action evidence cooperation obligation,analyzes the relevant theories of the civil action evidence cooperation obligation,and seeks the rationality of the existence of the civil action evidence cooperation obligation,so as to provide legitimacy support for the civil action evidence cooperation obligation system.In the second part,the author makes an in-depth analysis of the relevant legislative status and provisions of the cooperative obligation of evidence in civil litigation,and explores the specific provisions,defects and problems of the current cooperative obligation system of evidence investigation in civil litigation.The third part analyzes the necessity and feasibility of improving the evidence cooperation obligation in civil litigation.In the fourth part,the author makes a deep analysis of the typical provisions of evidence cooperation obligation in civil litigation in other countries or regions,and makes a brief analysis of other civil litigation evidence cooperation obligations in civil law system.The fifth part puts forward the specific scheme to improve the cooperation obligation of evidence in civil litigation,so as to provide intellectual support for the improvement of the cooperation obligation of evidence in civil litigation.Finally,from the perspective of the parties and the third party,the legal consequences of their violation of the obligation of evidence cooperation in civil litigation are proposed.