Research On The Investigation Order System Of Civil Litigation Lawyers

The lawyer's investigation order system means that the parties and their attorneys who represent themselves in the litigation process of civil cases,encounter situations that hinder the self-collection of evidence due to objective reasons,apply to the court,and wait for the court's review and verification.An important civil litigation legal system with a certain document format used by the parties and attorneys attorneys to obtain relevant evidence.The purpose of trial lawyer investigation orders in civil litigation is to alleviate the difficulty of obtaining evidence,strengthen the parties' ability to produce evidence,ease the pressure of court proceedings,and ensure the neutrality of judges' trials.Local courts have promoted and tried out the lawyer's investigation order system within their own jurisdictions,and they have also formulated regulations for this system that are applicable to their own jurisdictions.After in-depth research on the academic theory and pilot practice of this system,it is true that lawyers' investigation orders have achieved outstanding results in obtaining evidence,which has improved the litigants' ability to produce evidence,expanded new methods of evidence collection,and eased the difficulty of obtaining evidence.Difficulties,transfer the pressure of the court to obtain evidence,which is conducive to the investigation of the facts of the case.But it still has many problems and shortcomings.It has no clear legal status,no enforcement power,unclear nature of the investigation order,no unified and clear application stage and scope,the main body of the system is confused and cannot be distinguished,the investigation order Irregular operating procedures,imperfect accountability system for investigation orders,lack of supervision systems,inconsistent rights and obligations of both parties due to investigations,and many other issues will make it difficult for lawyers to operate investigation orders,leading to difficulties in practice.The operation is confusing.The reason for the above-mentioned problems is that the current lawyer investigation order system is still in the pilot stage.The legal foundation in our country is weak,lacking theoretical and practical foundations,and the public's awareness is low.In addition,the lawyer investigation order system is not included in the law.The existence of problems has hindered the operation of the lawyer's investigation order system in our country.Therefore,in the specific construction of the lawyer's investigation order system,the first thing that should be done is to clarify the legal nature and legal status of the investigation order itself,to give the investigation order enforcement force,and secondly to regulate the application and status of the investigation order.Operating procedures,distinguish the subject of the investigation order,make uniform provisions for the scope of application,applicable objects,application stage,applicable evidence types,and how to use it,establish a standardized review and issuance procedure,and also conduct the overall operation of the lawyer's investigation order Do close supervision to prevent problems with the investigation order.At the same time,a complete and standardized punishment system and relief mechanism have been established to statutory the duty of cooperation of the subjects under investigation.In addition,scientific auxiliary measures should be supplemented to allow lawyers' investigation orders to develop steadily on a standardized road.