Provisions on evidence collection in the settlement of business and commercial cases at court - Some limitations and shortcomings and recommendations for improvement

Abstract

Collection of documents and evidence is a basic procedural activity in civil procedure in order to ensure the settlement of civil cases in an objective, comprehensive and accurate manner. In civil cases in general and business and commercial cases in particular, evidence collection must comply with the provisions of the civil procedure law on evidence and on the subject of evidence collection... In this article, the author focuses on analyzing, evaluating and discussing the provisions on evidence collection in the settlement of business and commercial cases at Court; thereby pointing out some limitations and shortcomings in implementing the requirement of the Court about collecting document and evidence in case the involving parties cannot fulfil this obligation; about the responsibility of publicising evidence; about accepting document and evidence and making recommendations for improvement.