Studies On The Civil Perpetuation Of Evidence

The system of civil perpetuation of evidence plays a very important role in the civil procedure; This system rat only safeguards and realizes the right of collection and provision of evidence for the agent, and ensures that the court which has jurisdiction make an impartial judge; and also has benefit to get a alternative settlement to civil dispute.There is defects of the system about the civil perpetuation of evidence from legislation and the harms in judicial practice in china, and the realities lead to some unfair judgment in civil Judicial procedure. At the same time, the civil perpetuation of evidence has already attracted some people's attention hi the republic of the law theory and practice, but the deep-going research on the issue is still inadequate.So it is necessary to conduct a detailed study hi relation to the civil perpetuation of evidence and its system theoretically and systematically. The writer wants to put forward advices about how to perfect the system for the civil perpetuation of evidence and other relative issues.The dissertation consists of 4 Chapters. The main contents and opinions of each chapter are discussed as follow:Chapter 1 probes on the conception, essence, function and basic ami of civil perpetuation of evidence. Chapter 2 researches into the basic theories of the system of civil perpetuation of evidence and relevant legal basis in main countries. Chapter 3 discusses the realities of legislation and judicial practice of civil perpetuation of evidence in china and points its deficiency Chapter 4 gives the conclusion that we should reasonably reform current civil perpetuation of evidence system of china; we mainly transplant the system of the model of the continent country legal system's legislation.