Abstract:
The entrapped evidence collection plays a very important role in protecting the legitimate rights of obligee, But it can also lead to the risk of abuse. So, it should be made with some necessary restrictions. In order to better regulate the use of the entrapped evidence of the parties and balance the relationship between purposes like discovering the truths and resolving disputes through the Civil Evidence act, it is necessary to establish a institutional system with complete system and effective operation. Judging from the legislative route, it should clearly defines the definition and form of the entrapped evidence, restricting the application range of the entrapped evidence, establishing the rule of corroborative evidence and completing safeguard measures for parties' evidence collection; Judging from judicial route, it should rationally regulate judge's discretionary power, unifying judge's judgment standard and setting up the objection procedure of evidence excluding.