Research On The Lawyer’s Investigation Order System In Civil Litigation

Lawyer’s investigation system is a kind of evidence collection system formulated by judicial organs in China to enhance the ability of giving evidence in civil litigation and guarantee the right of litigation attorney to investigate and collect evidence,which plays a significant role in evidence collection.First,the lawyer’s order to collect evidence makes the case facts have evidence to prove,which is conducive to the court to find out the facts of the case;Second,the empty lawyer’s investigation order enhances the parties’ ability to give evidence,and the parties will realize the limitation of justice in maintaining fairness and justice in the process of participating in evidence collection,which is conducive to enhancing the social effect of law application;Third,the lawyer’s investigation order system provides support for lawyers to investigate and collect evidence.After lawyers collect evidence through investigation,they can promote the smooth progress of litigation and help improve litigation efficiency;Fourth,the lawyer’s investigation and collection of evidence solved the problem that the parties could not give evidence,and changed the lawyer’s image of "taking more money and doing less work" in the eyes of the parties in the past,so that the lawyer’s work achievements were displayed.However,at present,the lawyer’s investigation order system is facing difficulties in theoretical development and judicial practice.At the level of theoretical development,mainly in the legal attribute definition of lawyer’s investigation order,the problem of system preservation or abolition,the scope of qualified subjects,there are differences in four aspects of program content design: at the level of judicial practice,there are mainly some problems,such as inconsistent provisions on the objective conditions for applying for a lawyer’s investigation order,weak operability of the system,low cooperation of the investigated subjects,limited types of evidence that can be collected with the order,low enthusiasm of applicants for applying for a lawyer’s investigation order,and abuse of the lawyer’s investigation order.Based on this,in order to solve the theoretical and practical dilemma of the lawyer’s investigation order system,play the role of the lawyer’s investigation order system,and promote the legislation of the lawyer’s investigation order system,this paper chooses this topic to study and do this article.The text of this paper mainly includes three parts: The first part gives a brief description of the system of lawyer’s investigation order,including the definition of lawyer’s investigation order and related concepts,the procedural law value of lawyer’s investigation order system,the development process of lawyer’s investigation order system,and the implementation status of lawyer’s investigation order system.The second part summarizes the difficulties faced by lawyer’s investigation order system in theoretical development and judicial practice.In terms of theoretical development,there is a discussion on the legal attributes of lawyers’ investigation today,debate between the preservation and abolition of the system,and there are differences in the eligible subjects of the lawyers investigation order system,etc.In judicial practice,there are mainly some problems,such as inconsistent specific provisions on the lawyer’s investigation order system,weak operability of the system,low allocation of acid investigation subjects,limited types of evidence that can be collected with orders,low enthusiasm of applicants to apply for lawyer’s investigation order,and abuse of lawyer’s investigation order;The third part provides concrete and feasible suggestions for formulating the lawyer investigation order system: At the level of legislative concept,it is suggested that legislators should establish the value pursuit of improving the party’s ability to give evidence,ensuring the lawyer’s right to omit investigation and evidence collection,and taking into account the realization of judicial justice and the improvement of litigation efficiency;At the level of legislative,it is suggested that legislators should add the lawyer investigation order system in the civil procedure law;At the level of legislative provisions,this paper provides specific suggestions from two aspects: entity and procedure.