Research On The Establishment Of The System Of Lawyer Investigation Order In Civil Litigation

Chinese law provides that the parties to civil proceedings are obliged to prove their own claims, and have the right to investigate and collect evidence, but did not develop how the parties to investigate and collect evidence. As the parties lack of investigation or evidence of the response measures or remedies, resulting in the process of evidence often encounter each other refused to provide the situation, a direct impact on the ability of the evidence, and make it in the proceedings in a passive state. The information of identity and property of the opposing party are all evidence and information that the lawyer is expected to investigate. T this kind of evidence is crucial to the success of the case and recovery of creditor's rights after winning the lawsuit. Although the law provides that the parties and their agents can not collect evidence in the circumstances can apply for court evidence, but also by the court to withdraw from power, but this pursuit of civil action and the "litigation and trial phase separation" principle runs counter to, Because if the judge in order to identify the facts of the case too much involved in the investigation and evidence collection of cases, and the judge in the proceedings in the special status of the referee had a huge contradiction, often appear the referee unfair if one party believes the judge, is not conducive to the implementation of the spirit of justice.Lawyer investigation order in civil litigation is the legal documents that the party can not be collected on their own evidence related to the case for objective reasons, after the parties to the application process, the court issued to the attorney, authorized to investigate the relevant organization or person to collect evidence. It guarantees the parties to exercise the right to investigate the evidence, help to enhance the ability of parties to prove the evidence, but also to ensure that the court can correctly determine the facts of the case, while ensuring that the judge in civil proceedings in a fair and impartial neutral position, but also saves judicial resources and improve the efficiency of litigation. It have a positive impact on litigation benefits, and promote fairness and efficiency to achieve the best balance at all.Although the lawyer investigation order is still in the stage of practical exploration in China, the implementation of the investigation order lacks the national uniform standard, the various supporting measures are not perfect, and the lack of compulsory guarantee. But the lawyer investigation order still has positive significance and huge value. Based on the analysis and reference of extraterritorial related investigation system and the author's eight years experience in civil litigation investigation, as a "system practitioners and the beneficiary", make suggestions and comments for improving the system of lawyer investigation order of civil litigation.