A Study On The Lawyer’s Investigation Order In Civil Litigation

In recent years,the number of cases accepted by the court has been increasing year by year.When the judicial resources are limited and the parties urgently need the court to obtain evidence about the facts of the case,the system of Investigation Order of lawyers in civil litigation is an effective method to solve the judicial dilemma.Since the First Intermediate People’s Court of Shanghai made its first exploration in1996,the system of lawyer’s investigation order has been practiced in China for 25 years.As China’s original evidence collection system,the courts at all levels of the country to its ongoing regional exploration and innovation.However,in the pilot implementation in various places,it has been found that the system has different degrees of deficiencies in the application and implementation of the procedures,such as the lawyer’s investigation order does not have a clear legal basis,and the nature of the investigation order is not clear,the titles of investigation orders are not consistent,the subjects of application and holding orders are not unified,the objects,stages and even types of evidence of investigation orders are not clear,and the procedure of examination and approval of investigation orders is too strict,lack of judicial force to ensure that the subject of the investigation to assist the non-cooperation and other issues.The paper focuses on the trial implementation of the norms of the lawyers’ investigation order system in various places,makes reference to the relevant systems of evidence collection in foreign countries,and finally proposes that the essential attribute and appellation of the lawyers’ investigation order should be unified in legislation in our country,the body of application and the scope of application,the type of evidence to be obtained and the stage of application,the application,examination,issuance and operation of the procedures for the use of investigation orders,suggestions on the construction of the complete system of the right of protection against dissent of the investigated and the punishment system for the violation of regulations by the relevant subjects.