Selected Papers of The Jurist (法学家), Volume 1
- Renmin Chinese Law Review: Selected Papers of The Jurist
Edited by Jichun Shi
Chapter 12: Return to Civil Procedure Law: re-reforming the courts’ power of investigation and evidence collection
Civil judicial reform which originated in China during the late 1990s has changed the civil trial mode significantly. It is very obvious in the problem of evidence collection. Before the reform of the trial mode, civil procedure law required the parties provide evidence for their own claims, and gave more attention to courts’ power to conduct investigations and collect evidence. The Civil Procedure Law of the PRC was amended thoroughly in 1991, and the amended civil procedure law highlighted the responsibility of the parties to conduct investigations and collect evidence. However, it still left the courts a broad scope for their power to conduct investigations and collect evidence, and specified that the court should investigate and collect evidence which may be necessary in a case hearing. In the following civil judicial reform, the Supreme People’s Court further reduced the courts’ power to conduct investigations and collect evidence by promulgating ‘Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures’ (hereinafter the ‘Evidence Provisions’) to further reduce the already rather limited scope of the courts’ power of investigation and evidence collection.
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