The Systematic Construction Of Evidence Contract Of Civil Procedure In China

"Evidence Contract " is a rare term in social practice and even in legal practice,and because the center of contractual litigation research has never been in the field of evidence,"evidence contract" as a conceptual vocabulary is rarely used in academic theory.Find a trace.Across both China and the West,at the time of the origin of commercial civilization,contracts preceded the market.Contracts are the most extensive entity in private transactions,because they only need a combination of conditions and meanings.Although the evidence contract is a graft between the litigation link and the parties’ agreement,the evidence agreement also raises a little doubt.How to define and interpret the agreement between the evidence,there may be precedents in the practice of evidence contracts,and theoretical models? How to answer and explain these questions is the keel and backbone that guide the whole article.The evidence mentioned in the evidential contract is not the “material to prove the facts of the case” in the nominal sense,but the agreement reached by the parties on the evidence link(fact finding),which belongs to the agreement of the litigation contract on facts and evidence methods.part.As for the research on the contract of evidence,there are already Rosenbeck,Kenko et al.in principle,but few scholars have elaborated the methodology of the contract of evidence,that is,the application of the contract of evidence,the choice of systems,and the comparison and analysis of legislative examples.Exploration of foreign theories,there are many complex theories contending that there is no consensus.To establish one’s own legal logic and institutional values,and to choose a path based on a sound logical system and values,is an advantageous method to demonstrate the feasibility of a contract of evidence.Therefore,the writing of this article is based on the investigation of the civil evidence contract system,combined with the characteristics of the legal system and the reality of our country,put forward a solution to improve the civil evidence contract,and analyze its necessity and rationality.This paper is divided into four chapters,the main contents are as follows:The first chapter is an overview of the status quo of the civil evidence contract system,mainly focusing on the current status of the civil evidence contract,including the manifestation of the evidence contract in our country’s legislation,the status quo of the evidence contract system,the problems existing in the system,and the improvement of our country’s civil evidence contract.The reasons for the lack of institutions.It focuses on the reasons and problems of the obstruction of the implementation of the evidence contract,mainly from the development of the legal system and the understanding of social concepts.Through analysis,this paper puts forward the view that evidence contract should be recognized in the transitional period of market-oriented economic development.The second chapter mainly examines the theory of the civil evidence contract system,which is divided into the theoretical system of the evidence contract system and the litigation value of the evidence contract system.Furthermore,the evidence contract has always been a problem of identification in history.As a fictional law,the establishment of the evidence contract depends on the choice of the legal system.The embodiment theory has experienced a restrictive to relaxed attitude towards the civil evidential contract as a whole from the time line theory.The third chapter discusses the specific premise of the systematization of the civil evidence contract,focusing on the institutional basis,values,methodology and principled direction,in order to build a framework for the systematization of the evidence contract to facilitate the subsequent discussion of the systematization of the evidence contract specific countermeasures.The fourth chapter is about the specific countermeasures for the systematization of civil evidence contract.Through the filling of the missing system,the improvement of the existing system form and the construction of general rules,the logical relationship is reflected,and the specific conception of my country’s civil evidence contract is unified.