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Research On The Right Of Lawyers To Investigate And Collect Evidence In Civil Litigation

Posted on:2021-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:S B ZhangFull Text:PDF
GTID:2436330602997807Subject:Law
Abstract/Summary:PDF Full Text Request
With the change and development of the litigation system,the litigation mode of the authority doctrine in our country integrates the characteristics of the litigation mode of the party doctrine.The role of the judge is mainly to determine the facts of the case,ensure the correct application of the law,and make a fair judgment.Evidence is the cornerstone of civil litigation,and the current evidence collection system in China is still imperfect.Although the lawyer law and the civil procedure law clearly stipulate the lawyer's right to investigate and collect evidence,they do not stipulate the relief measures when the rights are violated,so it is still difficult for lawyers to investigate and collect evidence.It is an effective way to realize the maximization of the legal rights and interests of the parties,maintain the fairness and justice of the law,and it is also an essential way to build a socialist country ruled by law.It has different practical significance for the court,the parties and the lawyers to endow the lawyers with perfect investigation and evidence collection rights.Firstly,this paper analyzes the current situation of lawyer's right of investigation and evidence collection in civil litigation,including the system arrangement of lawyer's right of investigation and evidence collection,and introduces the system of lawyer's right of investigation and evidence collection in foreign countries by taking the representative countries of two legal systems as an example.Then,taking the practical problems existing in lawyer's right of investigation and evidence collection as the starting point,it clearly grants lawyer's right of investigation and evidence collection and improves lawyer's investigation order system from the legal level,abusing the accountability mechanism of lawyer's right to investigate and collect evidence,and clarifying the legal nature of the obligation of the relevant assistance subjects to explore the solution path to the practical problems of lawyer's right to investigate and collect evidence.
Keywords/Search Tags:Evidence collection, Lawyer investigation and evidence collection right, Lawyer's investigation order
PDF Full Text Request
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