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Consummation to Conversation of Civil Evidence of Our Country

Author: XiongYiZuo
Tutor: HeWenYan
School: Xiangtan University
Course: Procedural Law
Keywords: Preservation of evidence Notary public Program benefits Survey evidence
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 201
Quote: 2
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Abstract


Evidence preservation system as an important part of the system of evidence in litigation and trial of the important role that self-evident, it is not only able to make accurate referee courts provide true and objective basis for safeguarding the legitimate rights and interests, to ensure the equal status of the parties have a positive effect litigation, but also has the function of evidence discovery, can promote understanding of the parties at the pre-litigation cases the basic situation is conducive to litigation for resolving disputes. More importantly, evidence preservation system itself already belongs to the scope of the Reform of the civil trial, it will directly affect the degree of perfection of the Reform of the trial results. However, China's current legislation on this system requires extremely imperfect, theoretical research is not deep enough. Fortunately, in the civil justice reform process, this issue has attracted the attention of experts and to the improvement of this system a useful exploration, has accumulated some of the more mature experience. Even so, China's civil litigation evidence preservation system remains just stay in the level of judicial interpretation. Based on the basic theory of evidence preservation system of research, from the value of the system, the purpose and function, combining evidence preservation system of legislative situation and the reality of the outstanding problems, targeted to make a few suggestions: first one, due to the current lack of evidence preservation before litigation clearly defined, leading to lack of evidence preservation type of system to build specific cause great difficulties and inconveniences, therefore, the author proposed legislation clearly stipulates evidence preservation before litigation system; Second, China's legislative requirements for evidence preservation conditions imperfections. This situation seriously affects the rights of the parties apply for evidence preservation smooth realization of substantive legislation in response to the conditions and conditions of form to make a complete induction. Third, China in evidence preservation process should pay more attention to the protection of the rights of the parties, specifically including the right to witness the presence of the parties, in particular the election of an agent, for evidence preservation error compensation and balance the rights of both parties relief; fourth , preservation of evidence clearly defined subject, the notary organ preservation of evidence into the legal system, in order to preserve the time-limit of an emergency situation in full consideration of the premise clear division of jurisdiction of different types of evidence preservation body, in order to evidence preservation purposes implemented as a principle; Finally, clear evidence of the effectiveness of preservation, preservation of evidence the parties to avoid trial and rhetoric in the debate on the validity of evidence preservation dispute over.

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