Study On The Investigation Order System Of Lawyer In China's Civil Litigation

The evidence collection system plays an important role in civil litigation in the two legal systems of major countries.Although its manifestations are different,the main line of construction is based on the way of evidence collection and the effect of mandatory sanctions.However,although China's Civil Procedure Law and Lawyers Law stipulate that the parties and practicing lawyers have the right to collect evidence,there is no regulations to ensure the enforcement of the above rights.Therefore,when the respondents refuse to cooperate,the parties and practicing lawyers are difficult to obtain the necessary evidence.In addition,the court faces the difficulties of insufficient motivation and shortage of judicial resources to collect evidence on its own.As an innovative evidence collection model with Chinese characteristics,the lawyers' investigation order can make up for the aforementioned limitations of China's current evidence collection system and protect the rights of parties and practicing lawyers to investigate and obtain evidence.On the basis of summarizing practical experience and drawing lessons from foreign legislation,a unified and standardized lawyers' investigation order system should be established in the civil procedure law.This paper is divided into four parts.The first parts mainly involve the summary of the lawyers' investigation order and the feasibility of constructing lawyers' investigation order,which mainly expounds the concept,characteristics,attributes,legitimacy and necessity of the lawyers' investigation order.Through the above explanation,it is clear that the attribute of the lawyers' investigation order is the integration of the court's public power and the parties' and practicing lawyers' right to investigate and obtain evidence,which is an effective means to solve the difficulties of the parties and practicing lawyers in obtaining evidence.At the same time,constructing the lawyers' investigation order is in line with the fair and economic value of the procedure law and the development trend of our country's litigation mode,and is also a necessary means to solve our country's realistic predicament.The second part is an analysis of the practice of the local courts of China's lawyers' investigation orders,which mainly expounds the basic situation of the practice of the local courts in the past 19 years,and then analyzes the achievements made and the difficulties faced.Through the above analysis,the actual situation of constructing the lawyers' investigation order in our country is excavated,which has laid a solid foundation for the combination of overseas experience.The third part is the investigation of the system of evidence collection outside the territory,which mainly discusses the evidence collection systems of Germany and Japan in continental law system and England and America in Anglo-American law system.Through the above investigation,there are similarities between the civil law system's document order and China's lawyers' investigation order,and there are also many references for the provisions of the evidence disclosure system in the Anglo-American law system.The fourth part mainly discusses how to construct the lawyers' investigation order in our country's law.Based on the overseas experience and the actual situation in our country,it is urgent to stipulate the lawyers' investigation order in our country's civil procedure law.The concrete construction should take the starting stage,the examination and issuance stage and the collection stage as the main line,take the coercive force as the guarantee,and establish the supporting measures to ensure the implementation of the lawyers 'right to investigate and collect evidences.