Research On The Application Of Civil Evidence Investigation Order

Evidence collection acts as the starting point of the civil litigation proof procedure,and its important position in the litigation procedure is self-evident.With the increasing number of disputes in modern society,the functional obstacles of the litigation mechanism have become more prominent.The increasing demand for the rule of law in society has led to a sharp increase in the number of cases accepted by the courts and the lack of judicial resources.In order to use judicial resources in a reasonable and effective manner,At the same time,to alleviate the long-standing problem of parties’ "difficulty in obtaining evidence" in my country,the courts have tilted from directly resolving disputes between parties to finding alternative dispute resolution methods.It is for the above reasons that the civil evidence investigation order was applied in our country’s judicial practice.The essence of its design is to maintain the "balance of offensive and defensive rights" of both parties in civil litigation,promote the discovery of the facts of the case,ensure that the court makes proper judgments and promote the efficiency of litigation.Since the trial implementation of the reform in Shanghai,the civil evidence investigation order has undergone more than 20 years of development,and most provinces across the country have already formulated corresponding trial regulations at different levels of courts,forming a wave of exploration of civil evidence investigation orders.The first part of this article is an investigation of the current practice of civil evidence investigation orders in my country.Select part of the pilot regulations in representative regions of the country for key analysis.At the same time,through the comparison and analysis of specific data and typical cases,while affirming its significant judicial effectiveness,it also extracts the appearance and operation of civil evidence investigation orders in practice.Possible problems;The second part is the legal analysis of the civil evidence investigation order.Mainly expounds the concept,characteristics,attributes and value positioning of the civil evidence investigation order,and analyzes the controversial issues based on my own views,and provides a theoretical basis for further discussion of the civil evidence investigation order;The third part is about similar systems outside the territory Survey.Comparing the civil law system of national documents and the common law system of evidence discovery system,based on the combination of my country’s national conditions and judicial practice experience,examine and compare some of the similar systems outside the territory such as procedural operation,penalty system,restrictive measures,etc.Reasonable system design spirit and ideas provide enlightenment for the continuous development and optimization of the civil evidence investigation order with unique Chinese characteristics;The fourth part is the idea of perfecting the application of the civil evidence investigation order in my country.Analyze the optimization principles and directions of the aforementioned related issues,and systematically demonstrate them from the three aspects of the construction of procedural rules,the construction of punitive rules,and the construction of complete supporting mechanisms,with a view to establishing and developing civil affairs nationwide in the future.Several Application Assumptions of Evidence Investigation Order System.