| According to our tradition of civil lawsuit, the court is overall responsibility forinvestigation and evidence collection, which ignores the dominant status of both plaintiffand defendant, deviates from judge’s neutral status and loses procedural justice. With theincrease of civil cases year by year, court’s comprehensive investigation is limited by lackof personnel. In this context, the system of the court’s investigation and evidencecollection should be reformed. Through the research on the legislations about the court’sinvestigation and evidence collection in our civil action, a conclusion can be drawn thatthe reform should focus on continuous limiting the scope of court’s investigation andevidence collection, thereby increasing the burden of proof on the parties. The judicialreality is that security measures on collection evidence can not catch up with the pace ofreform, the judicial environment is poor and the parties’ legal literacy is not high. Theabove reasons cause parties can not raise enough effective evidence and the court has tomake judgment according to the burden of proof, which also cause parties refuse to acceptjudgment. Examining the present system of court’s investigation and evidence collection,it can be seen that there are many defects in the scope of court’s investigation andevidence collection, the subject of investigation and the safeguard measures of evidencecollection by parties. Based on the introduction and analysis of relevant systems in mainforeign counties, and given the present situation of our country, the system of court’sinvestigation and evidence collection is necessary to exist because it plays an importantrole in the pursuit of justice, correction modification doctrine of debate and making up forlack of ability of the proof burden of parties. Drawing lessons from the successfulexperience of foreign countries about civil court system of investigation of evidence andrelying on the situation of our country, the article re-designs the scope of the court’sinvestigation and evidence collection and meanwhile emphasizes the separation of theinvestigation subject and the trial subject, the addition of the decipher power of the judge,and investigation system to guarantee the parties to gather evidence. The article can makesome reference for perfecting the system of court’s investigation and evidence collection of our civil action, striking the balance between procedural justice and substantial justice,and improving the social effect of civil trial. |
