论德国独立证据调查程序——兼论对我国的启示诉讼法学专业论文.docxVIP

论德 论德国独立证据调查程序——兼论对我国的启示 西南 西南政法大学硕士学位论文 1 1 2 2 Abstract The German Independent Evidence Investigation Procedure emerged on the basis of the integration of the Continental Law System and the Common Law system, which results from updating and developing the traditional civil evidence preservation system so that it can be adapted to the changing features of civil disputes. The Procedure has perfected the structure and expanded the functions of the traditional evidence preservation system while having added such multiple functions and effects as evidence disclosure, fact confirmation and dispute resolution out of the court, etc. to the original system. It has been a pretrial evidence investigation procedure with an independent position and multiple functions, making a great contribution to the world’s civil evidence system as a good example in the reformation of civil procedural system. As for China’s Evidence Preservation System, relevant stipulations appear in different laws and regulations, and differences exist between the general law and the special law. Therefore, disputes come along in law practice as a result of the imperfection of the system, especially in pretrial evidence preservation. Although the newly-revised civil procedural law has defined the pretrial evidence preservation, the system still has its flaws. Therefore, this article proposes that Taiwan’s route on this issue could be adopted, that is, we can adopt some of the regulations of the German evidence preservation and make some reformation on them according to the actual situation of China. Given this, the article will introduce the emergence and value of the German Independent Evidence Investigation Procedure, discuss its structure and functions and make a comparison with relevant systems in other countries and areas in detail. Then, it will propose some suggestions on the perfection of the System of China. The main body of this article is made up of four parts, about thirty thousand words. The