중국의 민사소송증거제도에 대한 연구

In Civil Procedure, evidence is something the judge can confirm existence. Sometimes the judicial result is decided by the factual findings based on evidence, not by explain and apply the law. So the obtaining evidence is very important, sometimes lawsuit also is called the evidence war. In China’s Civil Procedure Law research field, evidence law was started early. The reason is the share of evidence is absolutely large, and the scholars tried to break away from the Soviet Union’s model. So scholars were searching the way to change socialist model to western model all the time. Finally, along with the market economy system deepen, the court gradually accept it. About China’s evidence in civil procedure is provided in Civil Procedure Law and some Judicial Interpretations, such as Civil Procedure Law(1982), Civil Procedure Law(1991), Provisions on Evidence in Civil Procedures(2001) and the Interpretations to Application of the Civil Procedure Law(2015) and so on. However, China’s evidence provisions have some problem. Firstly, because it not set up perfect legislation system, some provisions contradict each other. Secondly, some provisions are lack in detail, judge hart to apply. Finally, the court still obtain evidence by power, it against with the debate by parties concerned. In order to settle above problem, China reformed the legislation of evidence in civil procedures. For example, amended the Civil Procedure Law three times, full amended Provisions on Evidence in Civil Procedures recently. The research of Provisions on Evidence in Civil Procedures is still necessary, look forward to good effect in China’s Civil Procedures.