Research On The Order System Of Documentary Evidence In China

In the process of the reform of litigant litigation mode,the evidence collection system has always been the key reform task in China’s civil litigation,especially in dealing with the problem of evidence bias in modern litigation.In the dual drive of argumentalism and the burden of proof,the parties cannot force the other party to provide evidence against them,and the narrow channels for the parties to collect evidence and the limited scope of various collection means make it worse for the parties who are difficult to provide evidence under objective conditions.The creation and establishment of the order system of documentary evidence enriched the channels for the parties to collect evidence to a certain extent,strengthened the protection of the parties in the proceedings,and relieved the difficulties faced by the parties who had difficulty in producing evidence.The promulgation of new evidence provisions in 2019 has changed the issue that China’s documentary evidence presentation order system has not been widely applied since it was formally established in 2015.It has also provided detailed guidance for the practical operation of the system from the aspects of application conditions,object scope and legal consequences to check and fill the gaps in the documentary evidence presentation order system.But our current documentary evidence put forward command system in the building,there are still many system is not perfect,in specific performance,subject scope narrow enough to cope with the practice of variability,for documentary evidence holders benefit protection is not enough,particularly in the documentary evidence of the interests of the secret protection is too rough,and according to the specific part of the system is used on the lack of a clear regulation,For example,there is still a gap in the mitigation of specific obligations of documentary evidence,and the effect of the corresponding violation of sanctions is not well considered.After comparing with the mature institutional construction outside the territory,there is still room for improvement in the detail design of the present order system of documentary evidence in China.Therefore,in order to improve the procedural initiative of the parties,encourage the parties to take the initiative to collect and obtain evidence,and reduce the burden of the parties to collect evidence,we still need to improve the order system of documentary evidence in China with a progressive attitude,so that it can make continuous progress.This paper consists of three parts:The first part expounds the basic theory of documentary evidence put forward command system,mainly from the nature of the documentary evidence put forward obligations,significance and the value function of documentary evidence put forward command system is represented by a set of progressive significance,and play a major role in the evidence collection system,so as to improve the documentary evidence demonstrates that the proposed the importance of the command system;The second prat introduces and analyzes the process from the establishment to gradual improvement of the order system of documentary evidence in China by sorting out the relevant laws and regulations of the order system of documentary evidence in the way of time line,and makes clear the problems and shortcomings of the existing system;The Third part by comparing the characteristics of provisions relating to the outside,and targeted analysis,to explore suitable for China’s documentary evidence command system is the good way to improve the progress,idea of perfecting the system of documentary evidence put forward command localization,the scope of the subject from expanding applicable to third parties,to strengthen protection for the interests of the documentary evidence secret so as to protect the interests of both parties,balance The specific assistance obligation of documentary evidence should be added,the loopholes of the difficulty for the witness to apply for documentary evidence to present an order under special circumstances should be remedied,and the sanctions measures for violating the system of documentary evidence to present an order should be improved correspondingly.