Research On The System Of Lawyer’s Investigation Order In Civil Litigation

Lawyer investigation order system is China’s native evidence collection system,the system fits the requirements of the concept of equality of arms and judicial neutrality,with the doctrinal support of the duty to cooperate in evidence and the theory of proof of obstruction,forming a support for the litigation rights of the parties,improving the protection and supervision system for lawyers to investigate and obtain evidence,while also relieving the people’s courts of "too many cases and too few people " The pressure of handling cases.At present,our country in the relevant legislation does not make clear provisions of the lawyer investigation order system,but the system in some provinces and cities in the trial practice has been running for more than 20 years,most provinces and cities in China have introduced its lawyer investigation order standardized documents,with the implementation of the lawyer investigation order system of a series of measures.However,through the analysis of the normative documents and the specific operation of each pilot lawyer investigation order can be found,China’s lawyer investigation order system there are still many dilemmas that need to be resolved at the theoretical and practical level.This paper takes the civil litigation lawyer investigation order system as the research object,adopts normative analysis,comparison and empirical research methods,focuses on the theoretical basis of the civil litigation lawyer investigation order system,the content of the normative text,the comparison and connection with other related evidence collection system,and summarizes the current problems of the lawyer investigation order system in practice with the current situation of the lawyer investigation order system,and puts forward the corresponding optimization In addition,this paper summarizes the problems of the current investigation order system in practice and proposes ways to optimize it.In addition to the introductory remarks,this paper is divided into four parts:The first part is the basic theory of the civil litigation lawyer investigation order system.Firstly,the legal attributes of the attorney investigation order system are explained,and the legal basis of the attorney investigation order system is explained,namely,the principle of judicial neutrality,the principle of equality of arms,the theory of evidentiary obstruction,and the duty to cooperate in evidence;the attorney investigation order system is compared with other related evidence collection systems,and the scope of application and unique value of the attorney investigation order system are clarified,and the necessity of setting up the attorney investigation order system in the civil evidence collection system is proposed.The second part of the paper is about the investigation order system.The second part is the analysis of the legislative status and regulation of the civil litigation attorney investigation order system.Firstly,we point out the lack of legislative provisions of the lawyer investigation order system in China;we collect and organize the main regulatory documents of the civil litigation lawyer investigation order system from the application rules,trial rules,implementation rules and legal security measures.The third part is the review of the current situation and problems of the civil litigation lawyer investigation order system.This part is mainly from the current situation of the lawyer investigation order system in China,through quantitative analysis of data and inquiry of typical cases to objectively present the current situation of the lawyer investigation order system and the effect of the pilot operation,and analyze the problems of the lawyer investigation order system,such as lack of legislative protection,fragmented basic content,vague procedural matters,unsound disciplinary system,and lack of relief mechanism.The fourth part of the civil litigation lawyer investigation order system and improve the path.Focus on the following six aspects to put forward: first,clarify the legal status of the lawyer investigation order system.Second,unify the conditions of application of the lawyer investigation order system.Third,standardize the operation procedures of the lawyer investigation order system.Fourth,the establishment of the disciplinary mechanism for violation of the lawyer investigation order system.Fifth,the construction of the lawyer investigation order system of relief rules.Sixth,to realize the lawyer investigation order system and other legal investigation and evidence system in China.Through the horizontal comparison of China’s existing statutory evidence system,i.e.,documentary evidence and application for court authority to investigate and obtain evidence,and the lawyer investigation order system,the problem of its interface with different systems is correctly sorted out.