On The Alienation Of The Civil Investigation Order System And Its Correction

Based on the needs of judicial practice,in recent years,many local courts across the country have issued normative documents on civil investigation orders,and began to trial civil investigation orders.The purpose is to solve the problem of the parties and their agents in civil litigation that are unable to themselves based on objective circumstances.To obtain the relevant evidence required for the litigation,the lawyer assigned by the court to the client or his agent represents the court to investigate and obtain evidence from relevant parties.The trial is to protect the litigant rights of litigants,strengthen the role of lawyers in investigating and collecting evidence in accordance with the law,help alleviate conflicts in the case,improve the efficiency of litigation,optimize the structure of civil litigation,and is of great significance in maintaining judicial justice.However,we can find that the trial civil investigation order system is still a new attempt in my country's judicial practice,and there are many problems that need to be improved in theory and practice.At the legislative level,civil investigation orders have not yet been clearly stipulated at the legislative level,and the different local court regulations have caused certain application confusion;at the judicial application level,there are also system contents and review procedures that urgently need to be clarified,and relevant disciplinary measures are also pending Defects such as matching.In this regard,the author will discuss in the article the improvement and construction of the civil investigation order mechanism from multiple dimensions.The first part discusses the theoretical concept of a civil investigation order.By comparing it with the order system of documentary evidence,clarifying its theoretical concept and legal attributes.The second part enumerates and compares the civil investigation order system and relevant evidence collection system of relevant countries outside the region,this paper proposes to draw lessons from the experience of the system outside the region from the perspective of reasonably distinguishing the evidence collection system between the third party and the party,paying attention to the autonomy of the party and balancing the issue of fairness and efficiency.The third part analyzes the current status of the civil investigation order system at the national level,and cross-compares the rules and regulations of the civil investigation order system by the High People's Court.It can be found that the current civil investigation order system is still at the national legislative level.The status of "blank" has led to many differences in regulatory documents in various regions.The fourth part is developed from the perspective of judicial application practice,by inquiring about multiple practical cases about the application of the civil investigation order system,analyzing the future evolution of the system,and analyzing the data quantitative analysis of the judicial application of the investigation order system in various regions.Its current flaws in the system rules,review content,and supporting disciplinary measures exposed in the field of judicial application.The fifth part is based on the existing shortcomings and deficiencies of the above-mentioned civil investigation order system,and proposes the improvement and strengthening of the civil investigation order system from the two dimensions of legislation and practice.In the dimension of legislative norms,it is mainly emphasized not only to eliminate the competition and cooperation with similar systems,but also to further fill in the regulatory omissions at the legislative level.In the practical strengthening dimension,the main Through the feedback of the dilemma and inconvenience of the parties and their attorneys in collecting evidence and applying the investigation order under the current investigation order operation,it is proposed to effectively protect the feasibility of the party's holding of the order to collect evidence,and for relevant entities who refuse to cooperate Coupled with measures such as disciplinary mechanisms to further standardize the practical operation of the investigation order system.