The Predicaments And Outlets Of The Civil Investigation And Evidence Collection System

The collection of evidence is the basis for the impartial determination and adjudication of facts in civil litigation.In recent years,although China’s relevant laws and regulations have been revised and improved several times,the relevant system of investigation and evidence collection has been improved to a certain extent;however in practice,there are still many objective problems that make it difficult to play a preset role.In order to improve China’s civil investigation and evidence collection system as well as find a reliable way out for the problem of "difficulty in obtaining evidence",this paper explores the concept,nature,principles and other basic theories of civil investigation and evidence collection system through studying the connotation and theoretical basis of civil investigation and evidence collection system.Besides,it takes the legal provisions and practical status of China’s civil investigation and evidence collection system as the research object to analyse the common dilemmas and concrete issues,such as the obvious deficiencies of channels to investigate and obtain evidence directly for the parties;the lack of realization for the lawyer’s right of direct investigation and evidence collection;the unattainable reasonably procedural guarantee for applying to the court for investigation and evidence collection.What’s more,it combines the practical needs of civil investigation and evidence collection with the advantages of relevant foreign systems,analyzing the feasibility of perfecting civil investigation system in China,putting forward the improvement scheme of the system of pre-trial evidence exchange,document order and lawyer investigation order.Meanwhile,for the hope of the steady development of China’s civil evidence system and solutions to relevant practical problems of civil investigation and evidence collection,this paper also gives some feasible suggestions on the reconstruction and improvement of the court investigation and evidence collection system,such as an evidence investigator and a third-party investigation and evidence collection assistance system.