Discuss The Investigation Order Of Civil Evidence

To improve the system of collecting evidence for civil litigants,widening the ways for the parties to collect evidence,judicial authority begins to actively explore the system of civil evidence investigation order.Through the comparative analysis of the "order for production of a document system " of the civil law system and the "evidence opening system" in the common law,The system of civil evidence investigation is essentially a system of evidence collection with Chinese characteristics.It is derived from our country,on the one hand,it is because the party's right to collect evidence is lack of legislative guarantee,on the other hand,it is due to the pressure of less people in the court case in judicial practice.This paper mainly adopts the empirical research method.On the basis of comparing the standard documents of the higher people's court and the questionnaire survey,this paper analyzes the practice status of the civil evidence investigation order system,and finally lays the foundation for the legislative construction of the civil evidence investigation order system.In this paper,a total of about 37000 words,consists of three parts:The first part is an overview of the system of civil evidence investigation order.It expounds its logical origin,connotation,attribute and value.Firstly,through the comparative analysis of the civil law and the common law,the system of civil evidence investigation order is essentially originated from the mainland of China.Secondly,on the basis of summing up the normative documents of the higher people's court,the paper defines the basic connotation of the civil evidence investigation order,and introduces the main points of the academic circles about the attribute of the civil evidence investigation order,including the "public power theory","private right theory" and "dual attribute theory".Finally,it puts forward the institutional value of the civil evidence investigation order in judicial practice,which is beneficial to protect the right of evidence collection of the parties,to keep neutrality of judges,to improve the efficiency of civil litigation,and to alleviate the difficulty of enforcement.The second part analyses the practice status of the system of civil evidence investigation order.On the basis of the existing 12 Higher People's court's normative documents,the similarities and differences between the civil evidence investigation order system are summarized from three aspects: the application rules,the examination and issuance rules and the rules of use.Then,some policy documents about the civil evidence investigation arecombed,and the law of the development course of the system is summarized.After analyzing and combing the normative documents and policy documents,this paper uses a number of charts to show the process and results of the questionnaire survey.According to the survey results,this paper has elaborated the procedural effectiveness,the voice of entering the law and the practical difficulties of the civil evidence investigation order.The third part falls on the legislative conception of the system of civil evidence investigation order.This part first introduces the civil evidence investigation order of the legislative process and clarifies the reason,should be based on the summary of the Higher People's court documents and practice experience,first issued by the Supreme People's court unified judicial interpretation,when the time is ripe and then by the National People's Congress legislation.Then this paper explains the legislation model of civil evidence investigation order,and it should be chosen a separate legislative model,with special forms stipulated in civil litigation.Finally,this paper systematically construct the procedural rules of the civil evidence investigation order system,including the rules of application,the rules of signing,the rules of use and the rules of guarantee.