Research On The System Of Submitting Orders By Document

As a system to protect the parties ’ right to collect evidence,the order system of the document effectively alleviates the problem of evidence bias in civil litigation,facilitates the court to find out the facts of the case,and is conducive to the realization of procedural justice and substantive justice.However,since the document order system is not an original evidence collection system in China,it draws on the achievements of the existing systems in civil law countries and regions.At the same time,there are many problems in the judicial application of the order system in China.The root cause is that this is the reflection of the system itself in judicial practice.Therefore,how to realize the localization of the construction and improvement of the system and make it conform to the current development status of China’s civil procedure law is a subject that must be studied,and it is also the starting point and foothold of this paper.The text of this paper will be discussed from the following five chapters.The first chapter focuses on the basic theory of the order system.This chapter starts with the basic connotation of the order system,introduces the definition and characteristics of the system,and analyzes the legal basis behind the system.By comparing with the relevant evidence collection system,it demonstrates the necessity of developing and improving the order system of documents,and lays a theoretical foundation for the empirical analysis of typical cases below.The second chapter summarizes the typical cases of the order system of applicable documents in practice since the implementation of relevant judicial interpretations.On the basis of introducing the basic facts of the case,this paper analyzes the specific situation and controversial points of the four aspects of the subject scope,object scope,application review procedure,legal consequences and relief measures of the order system of the relevant instruments in the case,and provides arguments for the following questions.The third chapter,based on the above analysis of the specific situation and controversial points in the typical cases,summarizes the following four problems in the current order system of documents in China.It is manifested in the narrow scope of the subject,the vague scope of the object,the broad application review procedure,the lack of legal consequences and relief measures.The fourth chapter compares and analyzes the relevant experience outsidethe region from four aspects:the scope of the subject,the scope of the object,the application review procedure,the legal consequences and the right relief measures.Introduce the specific situation of relevant regulations in different countries or regions,take the essence and discard the dross,and learn from the experience for the development and improvement of the system in China,and get inspiration.The fifth chapter,based on the accumulation of arguments in the previous theoretical,empirical and comparative studies,puts forward four major problems in the order system of the document,namely,the narrow scope of the subject,the vague scope of the object,the broad application review procedure,and the lack of institutional sanctions and rights relief measures.Specifically,it includes expanding the scope of subjects,clarifying the scope of objects,optimizing the application review process,and supplementing legal consequences and relief measures.