The Study Of Order For Production Of Documents System

Evidence is the crux of civil procedure, and it is the base for Judges to discover facts and make judgments. Therefore, in the investigation model of adversary system, the exercise and protection of litigants' rights to collect evidence is especially important.In civil law jurisdictions, if a documentary evidence is possessed by the opposing party or a third party who is not a participant of the on going litigation, the party who bears the burden of prove has the right to request the Court to require the opposing party or the third party who is not a participant of the on going litigation to surrender the asked documentary evidence. After reviewing such requests, the Court would issue an order for production of a document to collect the evidence. This is called the Order for Production of Documents System. In civil law jurisdictions, as the primary used method for collecting evidence from the opposing party or the third party who is not a participant of the on going litigation, the Order for Production of Documents System plays a critical role in realizing civil procedure values which include but not limit to fact finding, civil procedure expedition, litigants' procedure rights protection.Because of this, in the newly promulgated judicial interpretation, The Supreme People's Court empowers litigants a right to collect the opposing party's documentary evidences by submitting applications to the Court. However, at the same time, the relevant provisions are relatively simple. There are no words to describe the specific procedural design and the broad system construction. Based on this, through analyzing and discussing basic contents of Order for Production of Documents System, related legal principles, and practice experiences, this thesis tries to construct a Order for Production of Documents System that is consist with the reality of our country and is able to work effectively in the day to day practice.Detailed as follows:The first part is an overview of the Order for Production of Documents System. Through elaborating the meaning, origin and other jurisdictions' basic legislative contents of Order for Production of Documents System, and contrasting the differences between Order for Production of Documents System and Evidence Discovery System, which belongs to Anglo-American Legal System, this part presents the main features of the Order for Production of Documents System.The second part of this thesis is about the theoretical basis of the Order for Production of Documents System, namely Documentation-submission Obligation. Based upon the discussion of Documentation-submission Obligation's nature, this part analyzed the legal principle basis for Documentation-submission Obligation. Furthermore, this part elaborated application problems of Documentation-submission Obligation. The application problems include but not limit to the scope of applicable subjects, the scope of applicable objects, and proving interest.The third part is about the operation of the Order for Production of Documentary System. No matter how flawless a system seems to be, the realization of its function still requires valid operation. Based on the “Application-Review- Judgment” analytic way, this part mainly elaborated each specific procedural contents and operating mechanisms of the Order for Production of Documents System. This part seeks to construct the macroscopic view of the Order for Production of Documents System by presenting its microscopic procedural design and operation.The forth part is about the construction of Order for Production of Documents System in our country.Based upon the before mentioned basic contents of Order for Production of Documents System,in the context of the development of our country's civil procedure evidence collection system,through analyzing the problems in existing laws and regulations,and combining our country's reality and legal practice experience,this part gives out suggestions to improve and develop our country's Order for Production of Documents System.