Research On The System Of Evidence Investigation Order In Civil Litigation

Although the system of investigation order of evidence in civil litigation has been used for a long time in judicial practice,due to the lack of corresponding laws and regulations to be directly stipulated and explained,it often causes arguments and objections in practice.It is difficult to persuade and regulate through strong reasons and means.Only by summing up the experience and lessons on the basis of practice,and then applying the lessons to practice,can the system of investigating evidence in civil litigation play its function and value better.Otherwise,good judicial practice exploration will be difficult to transform to effective judicial productivity.After years of practice and theoretical development,the system needs to be standardized and unified from conditions,procedures,management and other aspects,in order to better solve the difficult situation of investigation and evidence collection.In addition to the introduction and conclusion,this paper can be divided into four parts:The first part is a summary of the investigation order system of evidence in civil action.First of all,it explains the connotation of the investigation order system of civil litigation evidence,clarifies the concept of the investigation order of civil litigation evidence,analyzes its specific characteristics and classifies it according to the application stage.Finally,this paper introduces several theoretical disputes about the nature of the investigation order of civil litigation evidence and puts forward its own views.The second part is the comparison between the investigation order system and other evidence collection systems.Through the comparison of the civil litigation evidence investigation order system with the documentary evidence order system,the evidence preservation system,the lawyer’s right to investigate and collect evidence,the similarities and differences between the civil litigation evidence investigation order system and other evidence collection systems are explained in detail.The third part is the current situation of the investigation order system of evidence in civil litigation in China.First of all,we collect the relevant provisions of the higher people’s courts in various parts of China on the investigation order system of civil litigation evidence,and compare and analyze the specific rules of the investigation order of civil litigation evidence in various parts of China.Then the difficulties and defects encountered in the actual operation of China’s civil litigation evidence investigation order system are studied.The fourth part is the perfection of the investigation order system of civil litigation evidence in China.First of all,it is necessary to clearly establish the legal attribute and legal status of the investigation order system of civil litigation evidence,then to make suggestions on the clear definition and unification of the applicable conditions of the investigation order,then to standardize the operation procedure of the investigation order.