The Perfection Of Evidence Examination System For Civil Proceedings

In the course of civil procedure law, resolving civil disputes effectively relies on the judge's cognizing to the truth. The investigation to the evidence is foundation of checking the truth out, so it is one most part in civil lawsuit system. This paper starts with basis theory of investigating and recognizing evidence in civil lawsuit procedure, Define the conception of evidence-investigating and recognizing, analysis its primary characteristics and subjective status of the court in course of investigating and recognizing evidence. And then analysises the domestic and cuurent investigation model to recognizing evidence, involving the time,ways,contents and so on in course of investigating and recognizing evidence, in foundation of which put up with the defect of this institution. At last raises some suggestions to consummate this institution by using overseas for reference.Part one: Introduce basic theory of investigating and recognizing evidence system in civil lawsuit procedure. By analysising this system's subordinative concepts, such as objection, subjection, defining the conception of what is investigating and recognizing to evidence. Raising the significance of this system, concluding accomplishing the subject of civil lawsuit, preserving rights and interest of the oldness, and realizing the value of civil lawsuit. Finally analysis the court's subjective status in the course of investigating and recognizing evidence.Part two: Analysis domestic model of investigating and recognizing evidence.Discussing from three aspects which include theory,legislation,judicial practice aiming at the time of investigation; and from aspects of usual rules,technician,excluding evidence to analysis ways of investigation; and to content we unfolding discussing from timeliness,objectiveness,associativity and the legitimacy, in the foundation of which we put up the flaw of this system, which mainly concluding recognizing at court time, lacking investigating and recognizing procedure, emphasizing objective truth excessively and so on.Part three: Complete system of the investigating and recognizing evidence.First procedure-building: establishing right Philosophy to procedure, providing guarantee to rule of procedure. Procedure philosophy and rules are important assurance to realize procedure justice, different with procedure rules' directive binding, procedure philosophy acts on procedure rules as legal consciousness. Therefore, procedure philosophy is indispensable in course of rules of investigating and recognizing. Combining and mutual interaction of procedure philosophy and procedure rules can forming effectively guarantee. Second accomplish procedure rules and judge's free evaluation of evidence. Using two principles in accomplishing course: one is guaranteeing realizing substantive justice in investigating and recognizing evidence rules' content, firmly excluding illegal evidence and rumour evidence. Another aspect is guaranteeing realizing the value of lawsuit efficiency and perfecting institution of illegal evidence-excluding,rules of optimum evidence,rules of judge's free evaluation of evidence. At last, pursueing authenticity in law of the concequence in the evidence's investigating and recognizing. The judges recognize the truth of cases by comprehensively using evidence rules,logical reasoning,experience rules,and see them as authenticity in law as long as reaching to provides in substantive law and procedure law.