Font Size: a A A

The Study Of Order For Production Of Documents System

Posted on:2018-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhaoFull Text:PDF
GTID:2346330515467472Subject:Law
Abstract/Summary:PDF Full Text Request
In the civil action,evidence is the important basis of the parties' claims being accepted and the judges making judgments.Documentary evidence is one of the most widely used evidence in civil litigation activities,whether the parties shall have the right to collect and submit documentary evidence,will directly affect the progress and the outcome of the lawsuit.Common law countries discovery proceedings,protect the rights of the parties to collect documents.In continental law system countries,on the one hand,documentary evidence is evidence of civil action at the heart of the form,on the other hand,under the traditional civil litigation debate doctrine,the parties have the obligation to collect and submit documentary evidence.In order to realize the parties to the suit of "weapons equality" in the case of a fair fight,must fully protect the rights of party documentary evidence collection implementation.Especially in recent years due to the emergence of modern litigation,such as consumer,medical damage compensation cases of infringement,disputes the parties there is an obvious unequal power,weak ability to one party for the collection of evidence by certain restrictions.Based on this,the paper puts forward the command system in continental law system countries to establish and develop.Such as Germany,Japan and other countries have to document put forward command system has carried on the detailed research and established a relatively complete legal regulations,make the system in the protection of the parties rights,promote the process of trial and find real play an important role in such aspects.For a long time,the channel of collecting evidence by the parties is impeded in civil lawsuit,and the rights of proof of the parties fail to be adequately safeguard.In our country started in 2012 the civil procedure law revision process,including the investigation evidence collection evidence system overhaul.Then,in order to improve the ability of the parties to collect evidence,Our country in 2015 originally set up the document command system in the"about interpretation of the <Civil procedure Law of the People's Republic of China> shall apply"(hereinafter referred to as the 2015 "litigation explanation").Due to the relevant law regulations are too simple,the supreme people's court in 2016 release "the supreme people's court on civil litigation evidence explanation(draft)"(hereinafter referred to as the" evidenceto explain "(draft)",the paper puts forward the concrete content of the command system,such as the document proposed obligations,the application of content,in violation of the obligation of documentary evidence put forward the legal effect of regulations.But overall,due to the system in our country starts late,lack of certain theoretical foundation and the judicial practice experience,the relevant legal provisions are too broad,and,therefore,necessary to draw lessons from foreign experience on the basis of command system are put forward on the documents must be studied,in order to better and more comprehensive understanding of the system,and in the case of understanding the system more perfect law,the right to safeguard the system in the judicial practice,give full play to the system's role in the judicial practice.This article except introduction and conclusion,the main points four parts discussed command system are put forward on the documents:The first part mainly is summary of the theory,obligations put forward documents,document and document put forward the meaning of command,and the paper put forward the character of obligation is defined,think it is the general law of obligations.At the same time put forward the function of the command system of document and its internal legal basis in detail in this paper.The second part has made the simple about the Discovery System of Evidence under the Anglo-American law system,and pointed out the different command system is put forward with the document.At the same time,the command system are put forward on the documents under the continental legal system has made the detailed elaboration,the main scope of document puts forward commands,application,review procedures,rules,sanctions over content are introduced,such as the as the research system of documents in order to provide the corresponding theoretical basis.The third part is on the basis of foreign documents command system is put forward,and detailed documents are analyzed to put forward command system in the legislative status quo and the related problems in the judicial application,points out the drawback of this system.Such as narrow application scope,application and review process is simple and single sanctions rules,did not make clear a regulation the freedom,legal propaganda is not in place,the judge discretion is too big,etc.The fourth part is the focus of this article,mainly consummates our country puts forward command system of the relevant documents.In the second part of this part and the third part,on the basis of the documents in our country put forward the improvement of the command system put forward the corresponding opinions and Suggestions,such as broadening the scope of the subject and object,improve the application and review process,clear rules,make clear a regulation over sanctions,strengthen the law publicity,etc.Based on the above several parts,by analyze the imperfection of the system of documents in order,and proposes the corresponding perfect suggestion,hope secretary put forward command system in our country to play its due role in judicial practice,guarantee the realization of the litigation rights of the parties,to realize the impartiality of civil procedure,promote the development of our country legal system construction.
Keywords/Search Tags:Right of evidence collection, Documentation-submission obligation, Document put forward command, Application and review
PDF Full Text Request
Related items