Try To Discuss The Improvement Of The Civil Investigation System

Civil investigation system is a kind of system created by some people’s courts of ourcountry in civil judicial practice since1990s. Although the establishment and enforcement ofthe system produces a good social effect, is helpful for the parties to collect litigationevidences, protests procedure rights for parties, helps the parties to achieve their proof, andensures the judge’s neutral. At present, about the enforcement of the system, not only thespecification documents are limited to rough regulations of some local court and lack ofcorresponding legislative or judicial interpretation rules, but also how the court shall reviewapplies of the parties, the reviewing conditions and standards, reviewing procedures, and soon all have no clear rules.Due to the lack of unified legislation and corresponding judicial interpretation, not onlyin the judicial practice all the relevant provisions of the court and the specific programoperation are in bigger difference, but also some areas of court in auditing and issuinginvestigation order are also examine lax and optional issuing. These problems have seriouslyrestricted the effective operation of the investigation system, are disadvantageous to theparties to the collection of evidence, infringe upon the lawful rights and interests of therespondents, and finally damage the authority of the court and judicial justice. Therefore, thisarticle puts forward thinking and ideas by the research to perfect our country’s civilinvestigation system from the provisions of the conditions of the parties applying for theinvestigation order and the procedure of the court issuing to audit investigation.There are a total of more than thirty-four thousand words in this paper, divided into threesections: preface, text and epilogue.The foreword introduces the historical background of the emergence of the civilinvestigation of our country and the meaning of judicial review.The text is divided into five parts.The first part is the basic theory of the system of civil investigation. This part firstlyintroduces the concept of the system of civil investigation, legal basis and value; thenanalyzes the survey to the meaning of judicial review.The second part is judicial review reference of the foreign relevant system. This partfirstly chooses the United States and Britain as a representative to introduce the legislation ofjudicial review of the opening evidence system of British and American law countries; then chooses Germany and Japan as a representative to introduce the legislation of judicial reviewof application for evidence system of the mainland legal system countries; Finally from thedifferent angle compares judicial review of relevant evidence collection of major states fromtwo legal system countries.The third part is the present situation of judicial review of our country civil investigation.The part firstly introduces the provisions of the judicial review of some civil court of ourcountry, and then analyses and discusses provisions and practices of the judicial review of ourcountry civil investigation.The fourth part is to perfect the judicial review of our country civil investigation. Thispart proposes the essential condition of the application from the parties, puts forward the courtreviewing procedures, the results after the court reviewing, and the record form of the results.On the basis of summing up the article, the conclusion points out that the nationalrelevant civil investigation and the system and operation in general is successful, but thesystem need to be promoted in the court system; at the same time, the system can be carriedout smoothly when it rates to the surveying and forced to provide evidence rules, the systemof witnesses appearing in court and testify system and other related system to form a completeset.