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The Study Of Order Production Of Documents System

Posted on:2019-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiangFull Text:PDF
GTID:2416330548973598Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Documentary evidence occupies an important position in civil litigation.Order for production of documents system was firstly set in the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China in 2015,which is an important means for the parties to collect evidence.However,the provisions are relatively simple,such as the scope of the object is not specific,and there are deficiencies in the reviewing procedure and the construction of the system.For this,we study the extraterritorial relevant systems and the current situation of the legislation and judicature in China,and then put forward some ideas to further improve and perfect the order production of documents system in China.First of all,we summary order production of documents system,including the meaning,purpose,significance and theoretical basis of the system.Secondly,we study the extraterritorial relevant evidence systems,and compare the order for productions of documents system in civil law countries or regions with the civil evidence discovery system in common law system countries.Finally,according to the present situation of the legislation and judicature in our country,we put forward some ideas to improve and perfect the order production of documents system,such as enlarging the scope of subject,clarifying the scope of object,constructing the reviewing procedure and perfecting the supporting mechanism.
Keywords/Search Tags:order production of documents, evidence bias, burden of proof, equality of weapons
PDF Full Text Request
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