Research On The System Of Document Submission Orders

Evidence is the important basis of the parties’ claims being accepted and the judges making judgments.Documentary evidence is one of the most widely used evidence in civil litigation activities,whether the parties shall have the right to collect and submit documentary evidence,will directly affect the progress and the outcome of the lawsuit.In order to realize the parties to the suit of "weapons equality" in the case of a fair fight,must fully protect the rights of party documentary evidence collection implementation.Especially in recent years due to the emergence of moderm litigation,such as Environmental tort cases,case of shareholders’ right to know,medical damage compensation dispute case,etc.One of the remarkable characteristics of the new lawsuit is that the force between the parties in the dispute has been obviously unequal,and the ability of the party to collect evidence in a weak position is limited to a certain extent.Based on this,the order system of documents has been established and developed in our country,so as to solve the phenomenon of evidence bias in judicial practice.For a long time,the channel of collecting evidence by the parties is impeded in civil lawsuit,and the rights of proof of the parties fail to be adequately safeguard.The civil procedure law was implemented in 2012,has greatly revised the evidence system,including the investigation evidence collection evidence system overhaul.After the implementation of the new civil procedure law,the channels for the parties to collect evidence can not satisfy the needs of judicial practice,Our country in 2015 originally set up the document command system in the"about interpretation of the<Civil procedure Law of the People’s Republic of China>shall apply "(hereinafter referred to as the 2015 "litigation explanation").Due to the relevant law regulations are too simple,unable to meet the needs of judicial practice,the supreme people’s court in 2016 release "the supreme people’s court on civil litigation evidence explanation(draft)"(hereinafter referred to as the " evidence to explain "(draft)",the paper puts forward the concrete content of the command system,such as the document proposed obligations,the application of content,in violation of the obligation of documentary evidence put forward the legal effect of regulations.But compared with foreign related legislation and judicial practice,the document command system started late and lack a certain theoretical basis and judicial practice experience as support in our country,and the legal provisions are too simple.Therefore,necessary to draw lessons from foreign experience on the basis of command system are put forward on the documents must be studied,in order to better and more comprehensive understanding of the system,and in the case of understanding the system more perfect law,the right to safeguard the system in the judicial practice,give full play to the system’s role in the judicial practice.