Research On The Civil Evidence Investigation Order System

The methods of civil evidence investigation and obtaining evidence include the judge’s investigation and obtaining evidence according to his authority.Because our country civil trial strengthens the litigant burden of proof more and more,weakens the court investigation and evidence the authority,the litigant investigates the evidence right protection becomes especially important.The civil evidence investigation order is an important system to guarantee the parties to collect evidence.Since the implementation of some provisions of the Supreme People’s Court on evidence in civil proceedings(hereinafter referred to as "evidence provisions"),the courts had successively promoted the system of civil evidence investigation orders to strengthen the right of the parties to investigate and collect evidence.In the judicial practice,the evidence investigation order can effectively help the parties to solve the problem of obtaining evidence and improve the efficiency of the trial,but the evidence investigation order lacks the corresponding legislation support,the law of the evidence investigation order is not unified in the courts,which had hinder the application of the evidence investigation order.Therefore,the systematic study and standardization of civil evidence investigation order system is beneficial to protect the litigant’s right to participate in the proceeding and to safeguard the neutrality of the judge.I think that the system of evidence investigation order has already possessed good practice basis after several decades of trial,and the legalization of civil investigation order is in favor of judicial justice as soon as possible,and also makes the system of Civil Procedure law more perfect.This paper,through the methods of empirical analysis and historical research,combs and analyzes the system of civil evidence investigation,divides the main body into four parts.The first part,the basic theory of Civil evidence investigation order system.Firstly,it introduced the concept and connotation of evidence investigation order,and expounded the background of the Evidence investigation order and the necessity of implementing.Secondly,combined with the legal basis of the civil evidence investigation order system,I analyzed the value of civil evidence investigation order to guarantee the litigant’s equal participation in the lawsuit procedure and the court’s neutrality status.The second part,the present situation and problems of the system of civil evidence investigation order in our country.First of all,this system is analyzed from the legislative,judicial practice and theoretical research of civil evidence investigation order system.Secondly,by the method of empirical analysis,we make a survey and statistics on the trial of Evidence investigation order in the local court,and while introduce the results,focusing to summarize the existing problems in the trial of civil evidence investigation order in our country,such as the lack of compulsion and the failure of the system of punishment.The third part is the investigation and reference of the system of extraterritorial evidence investigation order.Firstly,this paper introduces the relevant provisions of the system of national evidence investigation orders in Britain and America,and then makes a full investigation and analysis of the relevant provisions.Finally,summarize the experience of strengthening the principle of party doctrine and clarifying the rights attribute of the evidence investigation order for our country to build civil evidence investigation order system.The last part,the establishment of Civil evidence investigation order system in our country.In view of the problems existing in the previous,this part first makes clear the public power attribute of the civil evidence investigation order,and then put forward the idea of constructing the system from the applicable condition,the applicable stage,the type of evidence and the specific operating procedure of the system of the evidence investigation order.Finally,this study also offered some relevant suggestions based on violate the legal liability of civil evidence investigation order system.