Parties In Civil Litigation And Evidence Collection System

Justice is possessed of impartiality,neutrality,authority. It is the last defensive line to protect individual rights. The result is too dreadful if people lose confidence in justice. Reform on civil trial patterns strengthens the burden of proof of civil litigants,but it ignores to protect their right to collect evidences. As a result, civil litigants have more and more trouble in obtaining evidences. Civil litigants would look for improper means to get a judgment which is beneficial to them if their right to collect evidences can't come true by definite ways. It will result in not only judicial corruption,but also the doubt in the authority of law. So it is of practical significance to do some research on the system of evidences collection by civil litigants.Procedural justice is a kind of tool and way to achieve Substantive justice. Procedural justice is embodied in due procedure. The right to collect evidences of civil litigants is procedural in nature, so its implementation must depend on the specific systems. Just by this visual angle, research on the system of evidences collection by civil litigants is carried out. This thesis is divided into four parts: The first part is an overview of the system of evidences collection by civil litigants. In this part, the concept of the system of evidences collection by civil litigants is defined, its nature and significance are discussed. For the purpose of finding the relationship between them, evidences collection by civil litigants with evidences offering,burden of proof,the right to prove,civil litigation model are compared.The second part is consisted of an introduction of the actual state of the system of evidences collection by civil litigants in China and a comment on it. In this part, the problems that exist in legislation and judicial practice are pointed out,the causes of the problems are analyzed. The third part is an exploration of the system of evidences collection by civil litigants that exist in two legal systems. From the exploration, some enlightenment could get. The fourth part is my conceive ideas for building the system of evidences collection by civil litigants of china. The conceive ideas is put forward from three aspects: building procedural safeguards of the right to collect evidences of civil litigants,defining the scope of evidence collection by court,strengthen the ability of civil litigants to collect evidences.