On The Perfection Of Civil Evidence Contract System In China

With the increasing number of civil cases,the judicial resource of our country appears to be tenser.The original civil evidence system is difficult to satisfy the party’s pursuit of litigation efficiency and justice.Therefore,it is necessary to optimize and allocate rationally of current judicial resource.Under this background,the civil evidence contract system came into being.Based on the current justice situation,closely contacting with civil evidence stipulation latest released by Supreme Court,this thesis discusses the way to improve and develop the civil evidence contract system.From the perspective of the problem in current theoretical study,legal stipulation and justice application of the civil evidence contract system of our country,using crossover research,this thesis combines the theoretical knowledge of many subjects to analyze the basic theory of civil evidence contract system,which clarifies the concept,the creation background and existing value of civil evidence contract.The sign and operation of civil evidence contract both needs the guarantee and restriction of jurisdiction.Analyzing from the view of problem of civil evidence contract system,this thesis finds the reasons why the system is not made full use of is as following:poor operating environment,few clearly defined specific case,undefined requirement of validity,undefined legal responsibility for the violation of evidence contract and the lack of integrity in evidence contract application.Investigating the legislation of this system of foreign country and area from which our country can get reference and inspiration.Based on the study of above problem,the thesis tries to put forward some countermeasure and suggestion for perfecting civil evidence contract system as following:doing structural design and content construction,optimizing operating environment,clarifying requirement of validity and legal responsibility and making full use of integrity guarantee efficiency.