On the Procedural Safeguard of Parties' Right for Collecting Evidence

The principle of burden of proof is introduced during the reform of our civil court trial,which objectively requests enhancing the procedural safeguard for litigants' collection of evidence because of the increase of antagonism in the court trial and the highlight of the evidence.However,our legislation's critical absence of the procedural safeguard for litigants' collection of evidence has not only influenced the utility of proceedings but also obstructed the reform process of the whole lawsuit system.This text maintains enhancing the procedural safeguard for litigants' collection of evidence by ways of institutionalizing the measures of procedural safeguard,granting the justice command in the lawsuit,valuing the lawyers' role in the lawsuit and specifying the measures of collecting evidence of the party and his agent.