Study Of The System Of Ordering The Production Of Documents

The system of ordering the production of documents is established for overcoming the situation of majority evidence owned by on party in the countries and regions of the continental legal family.This system is convenient for public power to intervene and may not cause the loss of the court's neutrality.In China,the legislative reform on evidence of civil litigation has been restricting the power of the courts.Meanwhile,it has been continually aggravating the party's burden of proof.However,the party's ability to produce evidence has not been strikingly improved.Under such a background,it is undoubtedly a wise choice to introduce the system of ordering the production of documents for dealing with the structural majority evidence owned by one party which has been increasingly severe in modern litigations.The Judicial Interpretation on the Civil Procedure law implemented in 2015 stipulates the system of ordering the production of documents,which indicates that the expansion of the methods for the party to collect evidence has been put on the agenda by legislators.It is of great significance for regulating the market in chaos of collecting evidence personally in our country,and reducing the party's litigation costs.Compared with the comparatively specific legal regulations of the countries and regions of the continental legal family,relevant judicial interpretations of China merely put up a rough frame,which has a narrow scope of application and is lack of specific standards for application.Therefore,by explicitly expanding the scope of subjects of obligation for producing documents,making the scope of objects for producing documents,improving the operating mechanism of the system,and adding sanction measures for violating the order of producing documents and providing remedy measures for rulings,the system of ordering the production of documents in our country is bound to guarantee the equality of both parties' “weapons” and greatly increase the legitimacy of judgment so as to solve the difficulty of producing evidence and maintain judicial authority better.