Study Of The System Of The Writ Of Inquiry For Civil Evidence

In nature,the system of the writ of inquiry for civil evidence is designed to supplement the party's capacity for producing evidence,whose capacity for providing evidence is relatively weak,to level off the capacity to produce evidence of the parties on both sides.In the Civil Procedural Law of our country,there is no explicit provision of the system of the writ of inquiry for civil evidence.It merely exists as a proposed rule promulgated by the higher people's courts around the country on the basis of practice.Therefore,the initial social effect of its implementation is not very ideal,which are reflected in the undefined regulation of the subjects and scope to which the system is applied,the deficiency of unified operative standards throughout the country,and the lack of corresponding measures for punishing the behaviors that violate the system of the writ of inquiry for civil evidence.Both the system of civil evidence disclosure of the countries of Anglo-American legal system and the system of producing documents of the countries of continental legal system have provided a lot of experience for us to improve the system of collecting evidence of our country.To construct the system of the writ of inquiry for civil evidence that is in line with the current judicial situation of our country,the legal nature of the writ of inquiry for civil evidence should be made explicit and the conditions and procedures for applying the writ of inquiry for civil evidence should be standardized.Meanwhile,the system of the witness to appear in court should be improved,the regulations for the behavior of both parties' utilization of the writ of inquiry for civil evidence should be made,and the legal liability of both parties for violating the writ of inquiry should be defined.The construction of the system of the writ of inquiry for civil evidence that is in line with the current situation of our country is beneficial to solving the difficulty of obtaining evidence---a trouble existing in judicial practice for a long time,to improving efficiency of litigation,to guaranteeing the due process of civil litigation,and to maintain the value orientation of judicial neutrality.