Evidence Of Contract Research

The evidence contract, which is one kind of the litigation contracts, is referred to the litigants' agreement on how to determine the evidence effects in the lawsuit, including the burden of proof contract. The evidence contract has a deep legal theory foundation. The procedural litigant principle, the autonomous principle in the civil action, the aim of civil action, and the combination of the public law and the civil law have provided the theory support for the evidence contract. The majority of evidence contracts belong to the litigation behavior in the nature. The establishment and effect of evidence contract should meet the legal requirements. The relief to the violation of evidence contract includes compulsive fulfillment and punitive compensation. When evidence contract has slight defects, the judge should provide relief according to the benefit weight principle.In fact, there are certain types of evidence contracts in the present legislation in China, such as confession contract, the time limit to present evidence contract, the designation of expert witness contract and so on. But China has not established the evidence contract system in a complete sense, and the procedural law scholars have not given the enough value to the evidence contract, which has caused a great confusion in the judicial practice. Consummating our country's evidence contract system under the instruction of contract idea, is advantageous in realizing litigants' procedural option rights, is advantageous in realizing the case justice, and is advantageous in saving the litigation cost and improving the litigation efficiency. At the same time, certain restrictions should be established on the evidence contract: the honest principle may prevent the abusiveness of the suit right, the judicial authority and litigation auxiliary power, while the judge's illuminating power may promote the substantive justice. Finally, this article has carried on a concrete study on several typical kinds of evidence contracts, such as the burden of proof contract, the time limit to present evidence contract, the limit on evidence method contract and so on.