The Construction Of The Investigation System Of Civil Litigation Lawyer

At present, the emphasis on the wave of judicial reform for civil cases, the reform of the judicial way is "hard to chew bones, but also needs to be the focus of the reform. Civil cases "hard evidence" is still very long period of time in the future continue to exist, domestic scholars and judges according to the current our country national condition to the direction of the reform mainly on:further strengthen the principle of "who advocate who proof, strengthen the ability of proof; Weakening of the people’s court at the same time according to the investigation power of authority, avoid the judge preconceptions formation of "heart", made the judge is really stood trial "neutral" position. China should continue to scale across the country courts the investigation system, from seventeen years of judicial practice proved that the system is feasible, and has a more tenacious vitality, at the same time reflects the current our country people’s desire to own right of investigation, the investigation by the parties is important to the judicial relief way. Evidence plays an important role in the trial, the judge is the referee’s important basis, lawsuit pattern determines the civil lawsuit of the parties to adhere to the principle of "who advocate who proof, in reality, however, are less able to collect evidence of the parties, and in the process of collecting evidence will encounter from, so you need to be more perfect laws and regulations to ensure the rights of the parties investigation. This paper is divided into four parts:The first part, the investigation makes the system overview. First in this paper, the investigation makes the system of the legal nature of meaning and its embodiment; And analysis system of investigation to reflect the real value of including application value and real value; Finally discusses the theoretical basis of the system. In the professional legal term, through the connotation of dig it contains legal nature, and so for "investigation". Some scholars believe that the people’s court is based on the "license" issued by the lawyer survey to; Also some scholars believe that the people’s court is based on "by" issued by the lawyer survey. The author thinks that both "license" or the "delegate" is based on public power by the legal behavior, and hold the investigation to the lawyer on behalf of the public power to investigation.The second part, investigation outside the system. Of the civil law countries and common law countries of Germany and Japan in the United States and Britain’s lawyers that system were analyzed, and analysis of the significance of our country. Mainland legal system country of documents to produce evidence of command and Anglo-American law system countries start system is one of the parties in order to ensure the case outside the third person can access to the other party, the case of evidence, but there are also many differences between the two. Instrument is put forward to, is the applicant apply to the court after the court just issued upon examination, the court give play to the role of its function, not only to document and review the relevance of the case, but also to the personal property of infringing the review the system to have the strong court authority intervention in colour, it is also the basic characteristics of continental law system to collect evidence. Evidence discovery system, not only the start of the many, and the court’s intervention is less, because there are more severe in violation of the punishment measures of the system.The third part, present situation investigation to our country civil lawsuit system. First of all find out in the existing laws and regulations of the provisions of the civil lawsuit system of investigation to survey the local lawyers to list China make system pilot results, comparative study and rules of our local lawyer investigation made on a trial basis, in the final analysis our country law system in the actual operation that meet resistance. At present from our current laws and regulations, also not clear about "investigation" relevant provision, even of the regulations on the investigation of a lawyer also only stay in general, so for the legitimacy of the existing system of "law" that need to be further development of the perfect laws and regulations. But in Beijing, Shanghai, jiangsu and other seven district court investigation issued for lawyers to carry out specific specification, but from all over the court for the regulation of this system is different, some regulations of court is the higher people’s court, while others are city people’s court, where the rules of the court not to regulate the system of legal form, this is not conducive to establishing a unified law order, undermine the judicial authority.The fourth part, analysis our country system of investigation for advice. First elaborated our country to establish a system for investigation for the necessity and feasibility of clear the legal status of the investigation to system in China, and the unified, standardized survey to the issuance of a lawyer, by investigation, the types of evidence and refuse to case for regulation, to standardize investigation to run the program, finally set up corresponding penalty system, and improve the system of investigation to form a complete set of measures. Under the current legal environment in China, the lawyer to investigate the system has its "use" of the existence of space, seventeen years of judicial practice has proved that the system meets the needs of social development in our country, the feasibility of its implementation; In case the parties at the same time "requirements" the power of criminal investigation and court through survey system "decentralization" to professional lawyer, saving judicial resources, in order to achieve the purpose of improving the efficiency of civil trial. In China are greatly influenced by traditional culture, people’s legal consciousness is weak and negative attitude towards litigation is "v", in such an environment, need to get more people to understand and support to run effectively, especially in the truth there is no clear legislation, with the related department is particularly critical. I believe that through the judicial practice unceasingly, investigation to the improvement of the system will be continuously.