Study On Investigat Ion Order Of Civil Litigator

Civil lawyer investigation order is one of the ways to collect evidence in civil litigation in China,because it is derived in China,so it is also a kind of evidence collection system with Chinese characteristics,in China there is a practical exploration of civil lawyer investigation order has actually existed for more than twenty years.Lawyer investigation order in China to produce the development,mainly to improve the ability to prove the weaker party’s ability to prove,but also to help alleviate the pressure of the court case in judicial practice,improve judicial efficiency.For a long time,the provisions of the civil lawyer investigation order did not formally appear in the legal provisions or the relevant judicial interpretation,but by the provincial and municipal courts to develop their own rules for the application of the lawyer investigation order,and to be implemented in the local.This paper mainly analyzes the theory of lawyer investigation order,and adopts the empirical research method,on the basis of comparing the normative documents of lawyer investigation order in each province,and analyzes the current situation of the practice of civil lawyer investigation order system,finally landing on the problem of legislative construction of civil lawyer investigation order system.The first part of this paper is an introduction and an overview of the lawyer investigation order,which mainly discusses the concept,attributes,theoretical basis and value of the lawyer investigation order,focusing on the significance and value of the existence of the lawyer investigation order.The second part of this paper focuses on the current situation of the judicial status of lawyer investigation orders and related issues in China.This part presents a graphical analysis of the regulations of several representative provinces,and then provides an overall analysis of the problems of the lawyer investigation order system in each province,such as the confusion in the application of lawyer investigation orders,the weak authority of lawyer investigation orders,and the lack of clarity in the provisions of the censure and punishment.The third part of this paper discusses some relevant systems in foreign countries,and the main purpose of the discussion is to make some reference to the improvement of the lawyer investigation order in China.The fourth part of the paper attempts to propose the improvement of the lawyer investigation order system suitable for China’s national conditions,such as determining the status and nature of the lawyer investigation order,standardizing the application procedure of the lawyer investigation order at the legal level,and establishing the unique censure provisions of the lawyer investigation order system.