Research On Preservation System Of Evidence Before Civil Procedure

Modern society is also a society under the rule of law.When people find that their legitimate rights and interests are being illegally infringed and are difficult to simply save,they often choose litigation methods to achieve monetary relief.Some people say that the art of trial is actually the art of using evidence.It is true.The court’s handling of disputes between the parties must be based on facts,and the facts that can be grasped by the judge and judged from this are the facts reflected by the evidence materials,and the collection of evidence can be linked to every link of the litigation.Therefore,its importance is self-evident.Litigation preservation can be described as an important evidence collection method with a unique status due to the particularity of its pre-litigation implementation.According to practice,there is still a gap between the implementation effect of litigation preservation and the social expectations preset by the system,and its regulations still do not meet the needs of the progress of the times.Due to this gap,it is necessary to clarify its significance for the litigation preservation system.I frankly admit that there are flaws and loopholes in the evidence preservation system in my country,both in theory and in practice.In theory,the pre-litigation evidence preservation system is only outlined in the current "Civil Procedure Law","Several Provisions on Civil Evidence of the Supreme People’s Court" and certain provisions.The 2013 Civil Procedure Law formally stipulated the pre-litigation evidence preservation system.Evidence preservation applies not only to pre-litigation but also to arbitration.The applicants for preservation have also expanded from "participants in litigation" to all "interested parties." Require evidence preservation measures to implement the relevant provisions of reference preservation.When the Civil Procedure Law was revised in 2017,there were no changes to the relevant provisions on evidence preservation.It is undoubtedly not enough to have such a provision alone.This also leads to practically,both stakeholders and judicial staff have many doubts about the procedures after the pre-litigation evidence preservation is initiated,and there are ambiguities in the specific implementation.space.This article takes the pre-civil evidence preservation system as the topic,and divides the full text into six parts.The first chapter is the introduction,which summarizes the writing intention and writing methods of this article,as well as the achievements of the predecessors and the innovation of the author.The second chapter discusses the meaning,function and classification of the pre-litigation preservation system,highlights the necessity and significance of the research on the pre-litigation evidence preservation system,and introduces the theoretical research status of the pre-litigation evidence preservation system at home and abroad.The third chapter combines legislation and practice to analyze and conclude that the problems of the current pre-litigation evidence preservation system in our country mainly exist in the aspect of application.Chapter 4 specifically discusses the application of my country’s system.The pre-litigation preservation system has a relatively simple application basis,the use of preservation methods is too principled,the protection of relief measures is insufficient,the protection of the procedural rights of stakeholders is insufficient,and the cost of preservation The relevant regulations are not clear enough.The fifth chapter takes extraterritorial research status and extraterritorial legislative system regulations as the research objects,in order to enrich the theory of pre-litigation evidence preservation in our country and develop the application of pre-litigation preservation through the reference and abandonment of the pre-litigation preservation system in Germany,France,and Taiwan.practice.Chapter VI proposes appropriate measures for improvement based on the aforementioned research.In response to existing problems,it is advocated to improve the specific operating procedures of pre-litigation preservation to ensure the realization of the functions of the pre-litigation evidence preservation system,and to expand the functions of the pre-litigation preservation system by maintaining the rights of the interested parties.Clearly stipulate the relief measures to guide the interested parties to reach a settlement agreement and to enrich the evidence preservation system before civil litigation in my country.In this way,my country’s pre-litigation evidence preservation system can be more systematic and scientific.Therefore,this article believes that the defects found need to be dealt with,so I put forward my humble opinion in order to help improve the pre-litigation evidence preservation system.