A Study on Perpetuation of Evidence in Civil Procedure Law

• Main Authors: CHAO, YUNG-HSUAN, 趙永瑄
• Other Authors: WU, CHUNG-JOU
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/47y2t8

碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === The Perpetuation of Evidence under Civil Procedure Law have already legislated related regulations since Civil Procedure Law legislated in 1930, which had strictly restricted the party only where it is likely that evidence may be destroyed or its use in court may be difficult, or with the consent of the opposing party, or the court considers it necessary. However, it has been relaxed the restriction on Perpetuation of Evidence with several alterations of law. The Perpetuation of Evidence had significant amendments in 2000. For the purpose of Economic Principle of Litigation and Concentrated trial, Perpetuation of Evidence allow that where necessary, the party who has legal interests in ascertaining the status quo of a matter or object may move for expert testimony, inspection or perpetuation of documentary evidence. Nevertheless, Perpetuation of Evidence still generate much controversy until now. This study analyzes Taiwanese Civil Procedure Law’s regulations by referring to related adjudications after amending from 2000 to 2016, searches for the context of the legislator, summarizes scholars’ writing, and organizes related adjudications for proving the problems of the theories. Besides, this study introduces the practices and theories under Japanese Civil Procedure Law by means of viewpoints from the study of comparative law to examine Taiwanese Civil Procedure Law.