Attempt To Discuss The Civil Evidence Investigation Order

Civil evidence in civil lawsuit has a pivotal role, in a sense, a lawsuit depends on evidence. With the continuous development of market economy in our country, the civil economic disputes and other disputes also follow and solve such a series of disputes for the most part through court litigation. China’s civil evidence model is the parties obtaining evidence given priority to, the court obtaining evidence is complementary. Compared with the authority of party doctrine of Anglo-American law system and continental law system, China’s socialist legal system is in line with the pattern of Marx’s historical materialism, by historical objective as a starting point, starting from the basic national conditions in our country from the functions and powers doctrine to gradually shift to the adversary model is characteristics of combination of functions and powers doctrine and the doctrine of characteristic socialism law system. Despite the court evidence, however, in fact, the court in accordance with the functions and powers and in accordance with the scope of application of forensics, is generally limited to the functions and powers by administrative organs and enterprises and institutions in accordance with the master and preservation of the social public information, documents and other related materials, are rarely involved in the other party and the third person to master the other evidence, most still need the evidence themselves. In fact, it is difficult to obtain evidence of the parties and their agents tend to be those who are in the other party and the third place control of material evidence.Although our country Lawyers Law and the Civil Procedure Law has entrusted with the parties and their attorneys certain evidence, but, after all, because rules is summarized the principle, the institutional and operational characteristic is not very good. Eventually lead to the parties and their agents evidence collection rights become a mere formality into the rights of others, the difficulty of obtaining evidence has become a headache topic, the passage of time will lead to social contradictions. In order to solve the confusion and embarrassment in forensics, as early as several years ago there has a district court for the trial of civil evidence investigation to rule, after years of operation, the civil evidence investigation has already in saving judicial resources and protect the rights of litigant’s forensics play a good role, but because without the support of legislation and survey to itself is not perfect, in practice often encountered embarrassing situation.This article attempts to forensics the difficulty and the need of practice at present stage in our country, drawing lessons from foreign related system is put forward to constructing our country civil litigants investigation rule of law. In this paper, the text points four parts:The first part is based on the present situation of our country civil investigation. The second part introduces the two big legal system protecting the rights of the parties investigation experience in legislation and judicial practice. The third part introduces our country present civil legislation of investigation and survey method around the court order comparison of rules. The fourth part introduces our country courts in the process of investigation to the operation of the problem and objective analysis about the present situation of civil evidence in our country at present, put up and perfect a series of supporting measures.