Localization And Improvement Of The System Of Clerical Offer Orders

As one of the most representative evidentiary systems in the civil law system,the system of filing orders has been established in other countries and regions of the civil law system for a long time.However,in 2015,the Supreme People’s Court Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China only "established" the system of filing orders,which to a certain extent filled the loopholes in the system of evidence collection by the parties,but the system of filing orders in the process of localization and operation of many problems have arisen.In 2019,the "Supreme People’s Court Provisions on Evidence in Civil Proceedings" have been revised to a certain extent,but there are still inappropriate aspects such as the scope of the object of application,the scope of the subject of application and the subject of application,and the scope of the object.Therefore,it is necessary to start from the theory,based on the examination of the operation of the practice,to reflect on all aspects of the localization of the system of clerical filing orders,in order to make the system of clerical filing orders can better meet the needs of our practice.The main text is divided into four parts of discussion.The first part is an examination of the operation of the system of filing orders in practice.The first part is a review of the operation of the clerk’s order system in practice.A search of judicial decisions on the application of the clerk’s order system is conducted through public channels,followed by an analysis of the court’s views on the part of the decisions.Phenomena.The second part attempts to examine the causes of the disorderly application of the existing system.First,the jurisprudential basis of the clerking order system is elaborated to provide theoretical support for reflecting on the chaotic application of the system.The existence of modern litigation has prompted scholars to think about and study the system of proving obstruction,and the system of filing orders is a typical system arising from the mutual reference and integration of the litigation model of party cooperation and party adversarial litigation in modern litigation;secondly,on the basis of the aforementioned theoretical support,the causes of the chaotic operation of the system are examined.In the third part,based on the comparative law study,we reflect on whether there is a need to improve the system of filing orders in China based on the practical situation in China.The composition of the clerical order system includes objective scope,subject scope,sanctions,etc.Other countries and regions of the civil law system have different provisions for each part of the system,but they are set according to their own national conditions.It is necessary to reflect on the system of filing orders in our country through comparative law studies and our practice,and explore the parts that can be improved.The fourth part is the path to improve the system of order making in China.After the theoretical and practical discussions in the previous section,it is necessary to put forward theoretical and practical suggestions for the improvement of China’s clerical order system.First,China needs to build the complete framework of the instrument of order system through legislation,in order to solve the shortcomings of the Supreme People’s Court by issuing judicial interpretation to build the framework of the instrument of order system.Second,China needs to determine the application period for the determination of the instrument to submit an order,to avoid the chaos of the practice of the people’s court to decide whether to accept the application;third,China needs to refine the examination criteria for the application of the instrument to submit an order,to avoid the use of discretionary power of the people’s court;fourth,China needs to incorporate the third party into the scope of application of the instrument to submit an order system;fifth,China needs to establish additional remedial procedures for the filing of orders to provide judicial remedies for the parties;finally,the sanctions for the filing of orders in China should adhere to strict provisions,while providing a certain degree of refinement.