Order Production Of Documents

China has gradually changed from an authoritarian litigation system to a litigant litigation system.In this litigation system,more emphasis is placed on the party ’s subjective status.All kinds of evidence on which the court makes a ruling should be collected and provided by the litigant on their own initiative.May be detrimental to the party.Taking the documentary evidence that is common in civil litigation and often plays an important role as an example,the documentary evidence may be held by the other party,especially in modern-style lawsuits such as labor disputes,environmental tort disputes,and medical disputes.The documentary evidence has no control power.In order to avoid falling into a disadvantageous position,the other party will not actively submit the documentary evidence to the court.In this case,the party that bears the burden of proof faces the risk of losing the lawsuit because the evidence cannot be proved.In order to solve the problem of the parties collecting the documentary evidence controlled by the other party or the third party,the civil law countries and regions have created documents to propose an order system.This system not only broadens the parties ’way of collecting documentary evidence,but also prevents the courts from discovering the truth and guaranteeing the trial results.The realization of the value of civil litigation such as substantive justice plays an important role in promoting.In order to solve the "evidence bias" phenomenon,protect the parties ’substantial equality in litigation,and promote the people ’s courts to ascertain the facts of the case,Articles 112 and 113 of the Interpretation of the Civil Procedure Law issued by the Supreme People ’s Court in 2015 clearly provided for the first time The order system initially constructed the framework of the system.The “Decision of the Supreme People ’s Court on Amending the“ Several Provisions on Evidence in Civil Procedures ”” released on October 14,2019 has improved the system of ordering documents,which is positive for facilitating the fact-finding of cases and achieving the objective and fair results of judgments Promote the role.The first part is the legal analysis of the ordering of documents.In this part,firstly,by introducing the origin of the ordering system of the instrument,the background of the order for the order of the instrument is clarified;secondly,the obligation of presenting the order by introducing the instrument has been summarized.Theoretical basis;then,a brief overview of the concept of the order system proposedby the document and the function of the system,including the promotion of the discovery of truth and the concentration of trials,the realization of substantive fairness and justice,and the realization of the parties ’arms equality;Differentiate,so as to reasonably grasp the connotation of the order issued by the document.The second part is related to the content of the order in the establishment and improvement of the document in China,including the background and legislative evolution of the order in the document,the necessity of the new "Evidence Regulation" to improve the order of the original book,and China is improving the Introduce the mode selected in the system,the specific details of the improvement,etc.,so as to clarify the current status of the development of the order in the document.The third part is the relevant research on the application of the practice of ordering documents in the new "Evidence Regulations" of our country,including the understanding of the scope of the object of ordering of the completed documents,the matters to be noted in the system’s operating procedures(application and review),The legal consequences and remedy system of the violation of the order filed by the document,thus making the theory and practice better connected.