An Empirical Study On The System Of Investigation Orders Of Lawyers In Civil Cases

In civil action,the abundance of evidence possessed by the parties can affect the direction of the trial to some extent.Based on the requirement of "procedural justice principle",the court should guarantee the equal litigation status of both parties and promote the realization of "weapon equality" of both parties.However,for a variety of reasons,a party is always in a weak position in the control of evidence,and if the court helps it to collect evidence,it violates the requirement of neutrality.Therefore,we need an evidence collection system that can not only supplement the weak party's ability to obtain evidence but also maintain the objective and fair position of the court,that is,the lawyer investigation order system.It plays an important role in guaranteeing the evidence collection activities of lawyers and relieving the pressure of the court.With the beginning of the trial reform in Shanghai,the system of lawyer investigation order has gone through more than 20 years of development and become a relatively perfect evidence collection system covering various stages of filing,trial and execution.As the investigation order system can effectively alleviate the difficulties of investigation and evidence collection and adapt to the needs of social development,various regions have already started to formulate the relevant operating rules and supporting systems,forming the upsurge of the construction of the lawyer investigation order system.The purpose of this study is based on the investigation to system analysis of the rationality and legitimacy,in combination with the evidence collection system outside of comparison,in view of the bifurcation point around appeared in the process of trial,system analysis of the current stage investigation may lead to problems and put forward the corresponding solution measures,so as to promote perfection of system,for the rise in the future basis for judicial explanation or law.Article mainly includes five parts: the first part is introduction,mainly introduced the background of the problem,and illustrates the research investigation system has theoretical significance and practical significance,and the academicinvestigation makes the system the main research direction for lawyers,which research results achieved,finally are introduced in this paper,by using three methods of analysis and research;The second part is to investigate makes an overview of the lawyers,and this part mainly introduces the investigation to the concept,the present theory to investigate the nature of the dispute,and how should determine its legal attribute,but also to the lawyer to investigate the value of the system is illustrated,and comparing similar to our current system,highlight the necessity and rationality of existence;The third part is the investigation and reference of the evidence collection system outside the region.The command system,the evidence discovery system and the party note system with unique Japanese characteristics are all effective means of evidence collection.Fourth part on the investigation to the investigation to system in our country judicial practice,first of all,to summarize the overall system operation status,and then system focus on analysis of some representative area,at the same time by comparing typical cases,refined,for the problems during the operation of the system mainly includes the absence of legislation and institutional conflict,related standard not unified,procedural matters shall not,without a clear violation of norms of legal responsibility,etc.;The fifth part is the measures to solve the above problems,and at the same time,it puts forward the expectation for China to build a perfect lawyer investigation order system in the future,and describes the blueprint of the system construction.