Research On Civil Court Investigation In China

The court investigation in civil trial procedure is the key link of civil trial,and its most basic function is to find and confirm the fact of the case.Due to the lack of specific norms in the legislation,there are many problems in the judicial investigation of judicial practice.There are many problems in the trial practice in judicial practice: the court is over-prepared and the factual requirements for the court investigating is not accurate;the order of the investigation is unreasonable,there is no normative investigation of the order of the guidelines,there are judges arbitrarily determined,strong dominant by judge,or the judge laissez-faire parties to explain their own evidence of proof and other practices;court investigation method is not appropriate,and the timing of evidence to be grasped by the court to determine is not inaccurate.To deal with the problems existing in legislation and judicial practice,the corresponding countermeasures are put forward.Reasonable allocate the trial and pre-court preparation tasks,pre-court preparation should only be prepared for procedural affairs,and should not include the contents of the substantive trial,such as confirmation of facts and evidence of these substantive trial content should be done in the process of proceeding trial;It is necessary to establish the prerequisite for the investigation of the trial.Accurately and comprehensively determine the facts of the dispute of the parties and the facts that the case must be identified by the judge and the fact that the parties admit to the facts of the judgment is the prerequisite for the court activities.The order of trial shall be carried out in the order in which the facts of the investigation are carried out in accordance with the facts,and the order of the investigation shall not be based on the type of evidence.At the beginning of the investigation,the judge shall conclude the uncontested facts and confirm in court on the basis of the statement and defense of the parties.The court should carry out the investigation by the parties to prove evidence in accordance with the plaintiff claim the facts of the occurrence of the order;the court should carry out the investigation because the case has a single fact and the fact that the process is longer,phased,level investigation;the case has a number of facts,the investigation should be determined by each fact.Proof of the evidence should be different from the case;the core evidence of the case should be done one by one.The evidence of simple case can be a small case of evidence,and the comprehensive cross-examination,the complex case,the fact that the process is long or a number of facts may be subject to group testimony;on the court that the evidence,in the sole trial can be subject to court certification or trial after the certification.But based on the co-ordination conditions,without serious cooperation and directly by the presiding judge in court does not meet the agreement Principle,therefore,it should not be advocated in the process of court certification under this condition in the ordinary procedure of the trial investigation.In view of the existing problems of legislation,civil procedure law should set up a special section of the provisions on the investigation;provides more provisions: timely summary the facts which has been recognized and confirmed by the parties in court;timely summary the facts of the dispute which has been confirmed by the parties;The order need to be verified and the order of investigation should be determined by the fact.For the validity of the evidence,the judge can carry out the investigation in the process of trial;and it also can be carried out after the trial,but the results and reasons should be published in court to the parties.