The Paper Recommends The Command System

The civil action evidence is the foundation and key of civil action, but the evidence collection is the premise and the foundation of the evidence system. In country or area of continental law system, if evidence for the opposing party or the third person all, the litigant can propose to the court request the opposing party or the third person submit the evidence, the court collect the evidence through issuing order for production of a document. So in country or area of continental law system, the most main method of the evidence collection is order for production of a document. But in our country's civil procedure law, the method of the evidence collection of the litigant is quite imperfect, even lacks the lowest procedure safeguard, is restricting the litigant right realization and our country civil action further development seriously. Based on this, this article through discussion of concrete content of order for production of a document, and unifying certain evidence law draft, attempts to construct our countrfs system of order for production of a document.This article including 42, 000 characters, is divided five parts to elaborate approximately:Part one outline of order for production of a document. The indication of order for production of a document sources in Japan, through our country many scholar's quotations, this ldnd of indication has approved for the educational world, this article has also applied this kind of indication, but has carried on the limits to its concept, eliminates the understanding difference because of different legislation. Then, this article discuss the foundation of the order for production of a document, the duty for production of a document, and analyzes reason which it produces, and point out the essence is one kind of public law nature duty, the weapon equal principle for its legal principle theory of law foundation.Part two applicable scope of order for production of a document. This article divises applicable scope of order for production of a document into the subject scope and the object scope, unified to the introduction and evaluation of the vertical legislation, in which elaborate evolution of object scope of order for production of a document with emphasis. Part three application, examination and legal effect of order for production of a document. This article analyzes application, examination and legal effect of order for production of a document. The article also analyzes the specific assistance duty of a document, this recent development strengthened the effectiveness of order for production of a document enormously.Part four secret protection of order for production of a document. The reform of order for production of a document in each country or the area mostly is revolves to expand the scope of the duty for production of a document and the enhance the opposing applicant's assistance duty. However when the document content involves the secret of litigant or the third party, should carry on the benefit to be balanced, therefore must pay attention to the secret protection of order for production of a document.Part five construction of order for production of a document in our country. This article bases on the development and present situation of document collection system in our country's civil action, and proves in our country the necessity of consummation of the litigant's document collection right, and unifying certain evidence law draft,attempts to construct our country's system of order for production of a document.