Research On The System Of Lawyer's Investigation Order

With the reform of civil litigation trial mode in the 1970 s and 1980 s,the litigation mode of authority doctrine in our country keeps approaching the litigant doctrine,the judge's investigation and evidence collection by authority gradually weakens,and the litigant's investigation and evidence collection is playing a more and more important role in the process of discovering the truth of the case.China's Civil Procedure Law has been amended to strengthen the burden of proof of the parties,which is embodied in the provisions of Article 64,"The parties are responsible for providing evidence for their own claims" and Article 65,"The parties should provide evidence in time for their own claims";however,there is no substantive provision on how the parties investigate and collect evidence and how to protect their right to investigate and collect evidence.Provision,this creates the unbalanced relationship between the parties' responsibility and no relief in the process of obtaining evidence.In addition,the number of cases in our country is increasing year by year.Judges are under heavy pressure in the trial of cases,and gradually show inadequate situation in the investigation and evidence collection.In view of this situation,the trial of lawyer's inquiry order came into being.Its trial has played a positive role in guaranteeing the parties and their lawyers' right to investigate and obtain evidence,effectively alleviating the pressure of judges,keeping them neutral and devoting more energy to trial cases.By combining practice with theory and drawing lessons from foreign related systems,this paper finds the practical dilemma of the lawyer's inquiry order system and puts forward its own views on its construction,with a view to contributing to the construction and development of the lawyer's inquiry order in China.The article is mainly divided into four parts:The first part is a theoretical overview of the lawyer's inquiry order system.At the beginning of the article,the author defines the reasons for writing the thesis on the topic of lawyer's inquiry order,as well as the concept,characteristics and types of lawyer's inquiry order.Secondly,it explains the theoretical basis of lawyer's inquiry order,i.e.procedural safeguard theory,judicial neutrality theory,debate principle and the obligation of evidence cooperation.Secondly,it analyses the value of lawyer's inquiry order system from both procedural and substantive aspects Knowing the function of the lawyer's inquiry order system is conducive to the smooth progress of investigation and evidence collection,safeguarding the parties' right to investigate and evidence collection,helping to ascertain the true situation of the case,and ensuringthe court to make a fair judgment.The second part is the analysis of the current situation and dilemma of the lawyer's inquiry order system.Firstly,it introduces the trial background and legislative status of the lawyer inquiry order system in our country;secondly,it summarizes and compares the rules of lawyer inquiry order issued in different parts of our country,and then analyses the implementation of the rules by analyzing the relevant data collected by the author in practice,and then finds out the differences in the contents of the rules and the practice of lawyer inquiry order system.The dilemma.The third part is the investigation of extraterritorial experience.Only by understanding and analyzing the successful experience of relevant systems in developed countries governed by law abroad,can we really think and grasp how to regulate and effectively promote the system of lawyer's inquiry orders in contemporary China under the conditions of time,space and local conditions.Continental law system countries mainly introduce German and Japanese documents to make orders,and Anglo-American law system countries mainly refer to the system of evidence discovery in Britain and the United States.Through the comparative analysis of the relevant systems in continental law system and Anglo-American law system,this paper summarizes the reference of foreign related systems for the development of our lawyer investigation order system.The fourth part is the construction of the lawyer's inquiry order system in our country.Lawyer's inquiry order system,with its unique value,has been tried out and developed in various provinces,cities and grassroots units.Although it has many positive meanings,its shortcomings are obvious.Based on the first three parts of the article,this part systematically discusses the system from four aspects: legalization of the lawyer's inquiry order system,standardization of the application procedure of the lawyer's inquiry order,standardization of the operation procedure of the lawyer's inquiry order and improvement of the corresponding supporting measures,so as to make a modest contribution to the establishment and development of the lawyer's inquiry order system throughout the country.