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Research on the System of Civil Evidence Collected

Author: LiuHui
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Evidence Civil Evidence collection system to collect evidence Parties collecting evidence Court investigating evidence
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 241
Quote: 0
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Abstract


Evidence is the core of civil, Civil Evidence collection is civil foundation also the premise that civil can be fair hearing. Therefore, how to perfect Civil Evidence collection rights becomes particularly important. Civil lawsuit Law Revision previously are court bear all evidence collection task .This is considered Court due responsibilities. With legal system, trial mode continuous improvement and perfection civil legal concepts also changed greatly. In practice, as the recent increase in litigation, the court’s workload continued to increase until some difficult to load. Swept by the court to collect evidence in civil practice, either in theory or in terms of, are becoming very reasonable.Civil Procedure Law and the 2002 amendments to "rules of evidence," the implementation of evidence collected in the civil, the court from taking on everything, into supporting the status of the parties to gather evidence in civil court’s position has undergone great changes. The civil parties the dominant position of collecting evidence from the legislative to be determined, but at the same time the party has also further increased the burden of proof. How to better collection of evidence on the civil rights of the parties procedural safeguards, and how to divide the parties and the Court in the evidence collection process rights, since a growing concern, many scholars have discussed their views. However, evidence collection system on the civil system, specialized research is still relatively small. Although the evidence collected by the civil law continue to reform and improve, but there are still many problems. In essence, China’s "Civil Law" and the "rules of evidence" is only at the theoretical level in general terms the evidence collected in the civil parties in a dominant position, improve the legislation is not specific enough; in practice, due to the civil parties to the evidence the right to collect the lack of procedural safeguards, poor maneuverability, resulting in specific civil cases the parties to gather evidence of the difficulties, and the legitimate rights and interests of the parties are violated difficult in a timely and effective protection.Therefore, By the author of Civil Evidence collection system, including the meaning of the Civil Evidence collection system, functions and value of target analysis, and evidence collection on the two legal systems of civil legislation and introduced the theory, analysis, comparison and reference, in the analysis Civil evidence collection system status, problems and causes, based on evidence on how to improve the collection system of Civil, put forward their own proposals in order to be able to draw our system of civil importance of evidence collection.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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