Research On The Necessity Of Civil Evidence Investigation

The necessity of investigation of evidence can also be called the scope of investigation of evidence. Because of the obligations of comprehensive review specified in the laws and regulations, the necessity of investigation of evidence has not become the focus of the theoretical circle and practice department. However, with the number of lawsuits growing, the practice department gradually considers that it shall not investigate all the evidence for the purpose of pursuing litigation efficiency and preventing malicious litigation. Meanwhile, with the deep learning of the evidence system in the continental legal system countries and common law system countries, the theoretical circle has commenced to realize that it should eliminate the evidence which is unnecessary to investigate. Therefore, the evidence which is unnecessary to investigate is stipulated in the 《Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China》 published in 2015. However, because of existing many defects in this Interpretation, it cannot summarize the question of the necessity of investigation of evidence comprehensively. The author choose to hold a delicate discussion on the question of the necessity of investigation of evidence around the judicial interpretation through learning the legislation and theory abroad, and combination with the provisions of our laws and interpretations. The article consists in three parts:The first part is to discuss the concept of investigation of evidence and the provisions concerning the necessity of investigation of evidence in the Interpretation. That leads to the topic of this paper by analyzing the Interpretation’s defects.The second part is to analyze the approaches to determine the necessity of investigation of evidence. The approaches involve the premise of determination and three standards specified in the Interpretation: ‘relevance’, ‘proof effect’ and ‘the evidence which is no need to investigate’.The third part makes procedural arrangements among these standards and discusses the remedies for clients when the evidence application was rejected, and makes a comparison of our litigation structure and the theory of litigation structure. Therefore this paper finds out the most suitable remedy: Reconsideration and selective appeal.