Perfection Of The System Of Investigation Order Of Civil Litigation Lawyers In China

China’s civil procedure law pursues the burden of proof of "who claims,who provides evidence".Under the current judicial environment of China,a lawyer investigation order system,which is suitable for China’s national conditions and has the characteristics of China’s socialist rule of law,has gradually formed.Since 1998,Shanghai Changning District Court launched an innovative pilot to practice the civil litigation evidence investigation order system.The investigation order system has a development history of more than 20 years in China,and has been explored and innovated to varying degrees in courts at all levels throughout the country.Although there are many obstacles in the implementation of China’s lawyer investigation order system at this stage,it can not deny its unique role as an evidence collection system.This paper explores the basic connotation of the evidence collection system with China’s local characteristics of the lawyer investigation order system,and analyzes its attribute characteristics through the three theories of "public right attribute","private right attribute" and "dual right attribute" put forward by the legal circle.Focusing on the development process and legislative status of China’s civil litigation lawyer investigation and evidence collection system since the founding of new China,this paper combs according to the time context,selects the normative documents of lawyer investigation order system in Beijing,Guangdong,Jiangsu,Jilin and Jiangxi,compares and analyzes the similarities and differences in the implementation process of various regions,and then summarizes the practical difficulties faced by those with lawyer investigation order system,In view of its problems such as lack of legislative support,vague application conditions,inconsistent operation procedures,low social awareness and lack of appropriate disciplinary mechanism,combined with the basic contents and procedural scope of German document order system,Japanese Party note system,British evidence discovery system and American Evidence Discovery System in civil law system and common law system,we can draw evidence collection methods suitable for China’s national conditions and the law of judicial practice.Through the study of the above contents,this paper explores the improvement direction of China’s civil litigation lawyer investigation order system: improve the legislation and clarify the legal attribute of the lawyer investigation order system;The contents specified in the unified lawyer investigation order mainly include six aspects: unifying the application subject,expanding the application stage,expanding the types of evidence and clarifying the application procedures;Enhance social awareness;Improve the punishment mechanism and relevant supporting mechanisms,mainly including improving the punishment mechanism and relevant supporting mechanisms.In a word,the lawyer’s investigation order system has prominent advantages in ensuring judicial justice,improving trial efficiency and safeguarding the legitimate rights and interests of the parties and agents ad litem.This paper aims to analyze the basic connotation and attribute of the lawyer investigation order system,the feasibility and necessity of implementing the lawyer investigation order,and based on the implementation status and practical difficulties of the lawyer investigation order system in civil litigation in China,and on the basis of referring to the evidence collection systems of China,Germany,Japan,Britain and the United States in the civil law system and the common law system,explore the methods and paths suitable for perfecting this system in China,And then contribute to the development of China’s evidence collection system.