2005Unpublished venueRequires access

A Study of the Procedural Safeguard of Parties’ Rights for Collecting Evidence

Chun Wang

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Abstract

China’s civil procedural act contains very few regulations on the procedural safeguard of parties’ rights for collecting evidence. This results in disjointedness of relevant legislative items and conflicts between reinforcement of the parties’ burden of proof and the safeguard of rights for obtaining evidence in the legislative and judicial practice. This paper analyses the deficiencies of the existing system of evidence collection in the procedural law in China, and then offers recommendations on upgrading the procedural safeguard of evidence collection by the parties.

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What this paper is about

China’s civil procedural act contains very few regulations on the procedural safeguard of parties’ rights for collecting evidence. This results in disjointedness of relevant legislative items and conflicts between reinforcement of the parties’ burden of proof and the safeguard of rights for obtaining evidence in the legislative and judicial practice. This paper analyses the deficiencies of the existing system of evidence collection in the procedural law in China, and then offers recommendations on upgrading the procedural safeguard of evidence collection by the parties.

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Available abstract

China’s civil procedural act contains very few regulations on the procedural safeguard of parties’ rights for collecting evidence. This results in disjointedness of relevant legislative items and conflicts between reinforcement of the parties’ burden of proof and the safeguard of rights for obtaining evidence in the legislative and judicial practice. This paper analyses the deficiencies of the existing system of evidence collection in the procedural law in China, and then offers recommendations on upgrading the procedural safeguard of evidence collection by the parties.

Key concepts: Safeguard, Legislature, China, Civil procedure, Burden of proof, Procedural law, Law, Civil rights

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