The Rules Of Using Evidence In The Civil Enforcement Procedures

The current legislation on the operative procedures in the application rules of evidence,especially in executive process of the allocation of the burden of proof on the vague provisions. Onthe court and the parties proof responsibility not clear, procedural and substantive objectionsobjection and burden of proof does not distinguish and specific provisions, leading to the judicialprocess of the disorder, or excessive reliance on the court in the implementation of the act, neglectthe parties to present evidence the responsibility; or too much emphasis on the responsibility of theparties, increase the applicant for execution of the burden of proof. Parties to the court in theallocation of burden of proof and the evidence, the authentication process is not public discontent,restricted the implementation of the work smoothly, make " difficult execution " cannot solve theproblem of long. Visible, in China’s civil action evidence system failed to extend to the executionof the program, is evidence of a legislative defects.The legislative and judicial clearly assigned executive program in all the burden of proof andregulations should reach the degree of proof, has the important theory and the practical significance.Implementation of evidence use though distinct from the lawsuit evidence. But the evidencecollection, the allocation of the burden of proof, evidence examination and judgment mode andmethod and evidence rules have in common. Therefore, to build executive program in evidence ofthe use of the basic principles, is still necessary to make full use of litigation evidence rules. Designof the civil executive program application rules of evidence first need to grasp the nature of theburden of proof, because the implementation of the act of proof is not simply to bear the burden ofproof, can not be understood without the burden of proof for the implementation of the party. Notbear the burden of proof of the implication is to carry out party without due to evidence cannot ordo not sufficiently take implementation cannot risk, get rid of the burden of proof in court toperform qualitative mistake is ex officio doctrine regression, which is also in line with the trend offoreign civil execution. The executive power is different from the judicial power, therefore,operative procedures in the application rules of evidence can not completely copy the traditionalrules of civil evidence. But in the use of evidence based on general rules, clarify the implementation process of different collection and the burden of the nature of the act, to distinguisha review of adjudication procedures, conduct opposition procedure, third party program differentprocedure to construct the different application rules of evidence, construct different proof system.