법원의 증거수집·조사제도에 관한 연구

The court investigating and collecting evidences by authority is one ofthe universal system in country of continental law. The civil procedurelaw about court investigating and collecting evidences has experiencedfrom the comprehensive and objective investigating and collectingevidences to the evidences which the parties and their agents can notinvestigate and collect by theirselves, or the evidences which thepeople's court shall investigate and collect according to the needs of thecase. From the legislation, the investigation of court by authority islimited, which reflects the changes in the concept of the rule of law. Howdo construct the reasonable system between the judge neutrality andinvestigating evidences by authority? Through comparison and reference,This paper argues that the civil procedure law should stipulate the courtas the main body of investigating evidences and non‐collection ofevidences, and establish “the separation system of mediation and trial”,strictly regulate the witness appearing in court.