A Study On The Legal Regime Of Lawyer's Investigation Writ In Civil Execution Procedure

The author is a professional judge of the People's Court of Binhu District of Wuxi City,Jiangsu Province.He has been working in the Court for nearly 10 years and has been working in the Executive Office work for 5 years.In recent years,the number of cases handled by the Court has risen sharply.The number of cases per capita has increased from 200 in 2015 to more than 400 in 2017.The contradiction between the number of cases and persons handling cases is becoming more and more prominent,which has affected the efficiency of case handling and the quality of case handling to some extent.In this context,from the experience of the author's work,the method of using “the lawyer's investigation order” can effectively alleviate the above problems,enhance the lawyer's right to investigating and collecting evidence,may save the judicial resources,and improve the efficiency of judicial operation.At present,the courts in various parts of China have actively carried out the practice of lawyers' investigations,which has gained some valuable experience,so that the “lawyers' investigation order” mechanism has be initially established.There are still some questions about the lawyer's investigation order in theory,and some problems to be solved in practice.This paper takes “the lawyer's investigation order” mechanism in the civil case execution procedure as the research object,takes the “Proposal of Jiangsu Provincial Lawyer Investigation Order” as the blueprint,and analyzes the theoretical and practical issues related to the “lawyer's investigation order” in the civil case execution procedure.This article is divided into the following sections: The first part is the introduction,which introduces the research background,current situation and significance of research,and the main content of the research.It is the starting point of the full-text research work.It mainly introduces the background of the formation of the “lawyer's investigation order” mechanism in China,the existing research results,and the purpose and content of the research.The second part is the theoretical analysis of the “lawyer investigation order” mechanism in the civil case execution procedure.This part mainly analyzes the concept and nature of the lawyer's investigation order and the particularity of the lawyer's investigation order in the civil execution procedure from the theoretical level.It points out that the lawyer's investigation order in the civil case execution procedure is related to the pre-trial procedure and trial in the stage,role and object.The “lawyer's investigation order” in the procedure is different.The third part is the practice status of the “lawyer's investigation order” mechanism in the civil execution procedure.This section analyzes the current overall status of “lawyers' investigation orders”,and uses empirical interviews to grasp the actual operation of the lawyers' investigation order mechanism.At the same time,it combines the actual operation of the lawyers' investigation order mechanism in the implementation procedures of the “Jiangsu Provincial Lawyer Investigation Order Opinion”.The paper analysis has the issuance of current lawyers' investigation orders,points out that the mechanism is relatively easy,but the status quo that lawyers are still faced with more obstacles to investigate and collect evidence.The fourth part is the construction of “lawyers' investigation order mechanism in civil execution procedures.This section starts in from the perspective of the legalization of the “lawyer's investigation order” mechanism,and proposes that the lawyer's investigation order belongs to the judicial order and is legally subject to judicial action.Therefore,the relevant investigation order should be written in the "Civil Procedure Law" and its judicial interpretation.The basic rules give the lawyer the right to investigate.This section also discusses the specific rules of design from the perspective of the issuance of “lawyers investigation orders”,the obligations of respondents,legal responsibilities,and coordination mechanisms.