Study Of The Civil Evidence Preservation System

The perpetuating testimony on litigation had its rise in the law of monastery, and it on non-litigation originated from Rome law. The German common law which took its rise in the law of monastery inherited the perpetuating testimony system and followed now. The perpetuating testimony is the kind of procedure that the parties and court collect a proof together and guarantee to realize parties' right of collecting and testifying proof. The value target of the perpetuating testimony is justice and efficiency. It pays attention to justice setting out from the litigation and it lays particular emphasis on efficiency on non-litigation. The purpose of the perpetuating testimony is to prevent from litigation and promote it and its modern function is to discovery and collect proof.In order to enlarge the path of parties collection proof, continental law system have established the independent position of the perpetuating testimony procedure and extended its scope and move its center from tell to before tell. British and American have adjusted their discovery system too. The key problems in the perpetuating testimony system of our country are that the lawmaking is simple and the type is single and the condition is rigor and don't carry through the idea to prevent and promote litigation. According to experience outside the area and Chinese fact, reformation our perpetuating testimony system has become necessary. The purpose of reformation our perpetuating testimony system is to increase the path that parties collect proof, and the mode is mostly to take drawing lessons from German independent system to investigate proof and combine good qualities of all countries, and the macroscopic path is to establish the independent position of perpetuating testimony procedure and makes the perpetuating testimony that court has from tell to before tell and that notarial organization has from before tell to tell.Its tiny view project is to perfect each main factor of the perpetuating testimony, with increasing new kind of perpetuating testimony and enhancing its procedure guarantee and confirming its effect and creating an opportunity for parties to consent of all in perpetuating testimony procedure.