Civil Lawsuit About The Judge Investigation Study

By the parties bear much of the burden of litigation mode of "the parties" has become away of distribution of evidential burden is generally used to countries around the world, ourcountry civil action legislation mainly transplanted the civil law countries, legislation oflitigation patterns are inclined to "the parties". For the system of investigation, a judge in ourcountry by law is not clear, at the discretion of the judge’s investigation abroad is bigger,makes the program cannot achieve justice system defects requirement, also can’t satisfypeople’s need for substantive justice, in the practice of the judge individual cognitivedifferences between different understanding of the system of investigation, makes our countryjudicial practice operation is confusion and cause many problems.Judge investigation mainly includes the functions and powers in accordance with theinvestigation and the two methods of application for investigation, this paper takes the judgeinvestigation according to the power as the research object, by conducting researchdepartment practice way of demonstration system of investigation according to the power ofthe judge in our country the problems and perfect solution, mainly divides into three parts: thefirst part, by the judge investigation according to the power system of vertical and horizontalcomparison analysis, to the right of investigation according to the power of the judge in ourcountry of defining the concept and nature, puts forward the research problems which need tobe solved: China does not yet have the condition of "the parties" lawsuit pattern, the legalprocess is still cannot achieve ideal autonomy in private law, the judge can not remainnegative, neutral, and the civil law countries "functions and powers doctrine" dominantlitigation model, compared to the legal system is not perfect enough, the judge right ofinvestigation in practice is not good use of and play, with the constant improvement of thenational requirements for fairness and justice, is our country judge investigation according tothe power system in question. The second part, the author will through data collection, visit the way of questionnaireand observation, functions and powers of judges, lawyers and judges parties in accordancewith the system of investigation of problems related to the targeted research, judicial practicefrom different research on like a pluralistic cognition, explore the root causes of the problem,remedial measures in practice, the national legislative expectations.The third part, through analyzing research results to determine the judge the necessity ofinvestigation according to the power in our country, put forward the judge whether the needfor review of investigation power, whether to carry on the investigation of the decision andthe execution enforcement power of investigation activities "separation" discrete solution tothe problem of the system level, strengthen the right to judge cohabitancy to easing thecontradiction between legislation and public demand, put forward the protection of parties andthe lawyer’s right of investigation method, thus promote the development of "the parties"litigation mode in our country.