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

At present,in the period of social transformation,many contradictions and disputes continue to emerge,compared with before,the litigation has increased substantially.The idea of "no litigation" and "no litigation" has changed;the mobility of the population has increased,there has been a shift from an acquaintance society to a stranger society,and people are more likely to take disputes to court.The court is under pressure to file fewer cases.On the one hand,disputes continue to pour into the courts,and on the other,the post-reform of the Court has led to a further reduction in the number of judges,thus further increasing the pressure on judges to hear cases.The court is faced with the pressure of litigation with fewer people,the lawyer's own investigative power is difficult to be guaranteed,the client's evidentiary rights and the burden of proof is not commensurate,so it is necessary to implement the lawyer's investigation order system.A lawyer's investigation order refers to the legal documents that the parties and their litigation agents cannot collect evidence on their own for objective reasons,and are approved and issued by the court receiving the case on written application by the lawyer in the case,and the designated lawyer shall investigate and collect specific evidence from a specific natural person,legal person or illegal person's organization.The implementation of the lawyer's investigation order is conducive to protecting the client's right to obtain evidence,the neutrality of the court trial,and also the protection of the legal rights of the third party.Judging from the trial provisions and actual operation of the lawyer's investigation order,there are still five problems in the lawyer's investigation order.First,the application conditions are not clear,second,the scope of application is not instructive to the judge,third,the issuance is not standardized,fourth,to assist the investigator scoundica,and fifthly,the punishment of the person assisting the investigator is less.Through analysis and summary,the author thinks that the main reasons for the above-mentioned problems are two different levels of regulation and practice.The prescribed level: first,the lawyer's investigation order conflicts with the application conditions for the application for the court investigation,second,the scope of application at each stage is not sufficiently specific and clear,third,the court's examination and issuance procedure is not perfect,the practical level: first,assisttheinvestigators to hold orders for lawyers to investigate the low degree of approval,and second,the basis of punishment is not clear and lack of specificimplementation procedures.In view of the problems and causes of the lawyer's investigation order system in civil litigation,the author's suggestion of perfection is the following five aspects: First,the application of the lawyer's investigation order as the pre-procedure of applying for the court investigation;Second,reconstruct the scope of application of lawyer's investigation order,third,standardize the procedure of review and issuance of lawyer's investigation order,fourth,improve the procedure of punishing the violation of the lawyer's investigation order,and fifth,establish the multi-sectoral joint coordination mechanism.