Research On The System Of Ordering Document

Under the background of the "explosion" of litigation,how to find the truth of the case more quickly and effectively,and make an objective and fair judgment is the focus of the court’s work,and is also the research hotspot of many procedural law scholars.As an important system design to broaden the way for parties to collect and present evidence,the order system of documents plays an important role in solving the problem of "partial evidence" and exploring the facts of the case,and the design and improvement of this system is even more inpidually applied in the extraterritorial legislation.Although the current system of filing orders has been improved to some extent after the implementation of the Provisions on Civil Evidence in 2019,it is not difficult to find that the system of filing orders still has some problems,such as too narrow scope of application,too short application period,lack of relief procedures of parties and insufficient protection of special secrets,which affect the application boundary and function of the system.Only by reflecting on the existing system and improving it can we give full play to the due function and value of the system itself in solving the dispute cases of "evidence bias".Considering that civil law system,especially Germany and Japan and Taiwan region of China,has abundant theory and system design results for filing order,on the basis of studying the system of filing order and the current situation of judicial practice,the system design of filing order with related civil law system was taken as reference,and the scope of application of the system was put forward.It is suggested to bring the third party outside the case into the system constraint scope,extend the application period,add the remedy procedure of the parties and protect the special secrets.