An Empirical Analysis Of China’s Investigation Order System

The key for the court to make a decision on a lawsuit is evidence.The key evidence can affect the judgment of the court on the facts of the case,and then affect the final judgment result.Since the reform and opening up,the trial mode of our country has gradually integrated into the factor of party doctrine,and began to emphasize that "who claims,who gives evidence",which means that the parties need to bear the burden of proof.The above changes can liberate the judge from the investigation and evidence collection,concentrate on the trial work,and avoid the judge’s preconceived judgment on the case due to the evidence collection work.The burden of proof of the parties must be based on the premise of establishing efficient and convenient supporting measures to protect the right of investigation and evidence collection of the parties,otherwise the parties will have to bear adverse consequences due to the inability to provide evidence.In judicial practice,there is no system guarantee for the parties to investigate and collect evidence on their own,and the court faces the problem of too much pressure to handle cases according to the application of the parties to investigate and collect evidence.The essence of establishing the investigation order system is to strengthen the ability of proof of the weaker party,and to guarantee the parties to investigate and collect evidence.There are also some problems in practice.Lack of unified legislative support,the provisions of the investigation order system are not unified;lack of disciplinary measures for non-compliance with the investigation order system,the parties in fact face the dilemma of "responsibility,no rights".The order system of putting forward documents in the countries of civil law system and the evidence discovery system in the countries of common law system are both systems to strengthen the ability of the parties to obtain evidence,which can be used for reference to build an investigation order system applicable to the whole country.To clarify the rights and obligations of the applicant and the respondent of the investigation order,to clarify the legal consequences of violating the investigation order system,and to solve the longstanding problem of "difficult to obtain evidence" in judicial practice.This paper has a total of about 43000 words.The text consists of four parts:The first part explains the basic theory of the investigation order system.First,it analyzes the connotation and extension of the investigation order system.Analyze the concept of investigation order system,and define the name of investigation order.Secondly,the legal nature of the investigation order is analyzed.By defining the public power attribute contained in the investigation order,the legal attribute of the investigation order itself is clarified.The second part analyzes the necessity and feasibility of carrying out the investigation order system.First of all,it specifically concludes that the implementation of the investigation order system can make up for the existing problems of the current evidence collection system in China from different aspects,so it is necessary to implement the investigation order system in China.Secondly,from the following three aspects,we can draw the conclusion that our country has the feasibility of carrying out the investigation order system at present: combing the official policy documents about the investigation order system,the official tacit attitude towards the implementation of the investigation order system;some scholars in the theoretical circle do not hold the opinion against the implementation of the investigation order system;our country now has the social conditions to carry out the investigation order system.The third part makes an empirical analysis of the investigation order system combining with the specific documents of the investigation order system.The author has collected 48 documents that stipulate the investigation order system issued by different regions,and analyzed them from the four aspects of formulation organ,application conditions,examination and approval,and relief methods.The fourth part discusses the construction of unified investigation order system in the future.First of all,discuss the necessity of building a unified investigation order system.The construction of a unified investigation order system can not only solve the problem of the current evidence collection model in China,but also solve the problems in practice of the investigation order system issued by various regions.Secondly,it briefly summarizes the corresponding systems similar to the investigation order system in foreign countries,including the order system of the civil law countries and the evidence discovery system in the common law countries.Finally,the author puts forward four suggestions to build a unified investigation order system in the future.