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The System of Preservation of Evidence Civil

Author: ZhouWeiJun
Tutor: ZhangLiPing
School: Xiangtan University
Course: Legal
Keywords: Civil action Civil Evidence Preservation of evidence Evidence investigation Procedural safeguards
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 151
Quote: 0
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Civil Evidence Preservation System is an important evidence system determined by the Code of Civil Procedure , that the Court in order to prevent the loss of evidence or difficult to obtain later taken by the application of the party or ex officio , to conduct a formal investigation of evidence before filing a lawsuit or prosecution the evidence before the program to be a system of fixed and protection . Directly from the importance of the importance of evidence . It can not only protect and implementation of evidence collection and evidence of the parties the right guaranteed by the Court of Appeal to make a fair referee , but also conducive to the promotion of a dispute resolution . In China, although the addition of pre-litigation preservation of evidence has promulgated and implemented the \insufficient to meet the need of litigation , or even cause a serious departure from the legal truth and objective truth . In view of this, the paper analyzes the historical evolution of the preservation of evidence , clear the meaning of the preservation of evidence and classification , focuses on the purpose of preservation of evidence and legal value . Examine two legal systems major countries and China's Taiwan region on the provisions of the Civil Evidence Preservation System , found evidence preservation system defects is not clear and other aspects of the pre-litigation evidence preservation system is imperfect , the eligibility criteria are outdated and simplistic , and the competent court . These deficiencies , it is recommended that our evidence preservation system should refer to the legislation of Germany and Taiwan, China , improve the pre-trial evidence preservation system , clear evidence preservation elements of the application , clear a court of competent jurisdiction , in terms of procedural safeguards , the parties should be given the full the right to participate in the preservation of evidence procedures .

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