The Study Of Order For Production Of Documents System

As the basis for ascertaining the facts of a case in the rules of litigation,evidence is the main basis for the parties to prove the truth of their claims and has an important impact on the outcome of a case.In civil action,the two parties have different litigation status due to various reasons.If the evidence required by the evidentiary person is under the control of the other party or a third party,the evidentiary person may not be able to submit the evidence to prove his claim due to his weak evidentiary collection ability.Therefore,presenting evidence as one of the core issues in litigation activities is of great significance for the court to find out the truth and make a fair judgment.With the deepening of China's judicial reform,the reform of the litigation mode is also gradually carried out,and gradually towards the development of the litigant doctrine.In this context,it is very important to protect the parties' right of evidence collection.In the litigation of civil law countries or regions,if the documentary evidence is in the hands of the other party or a third party,the party with the burden of proof has the right to apply to the court for a ruling.After the court receives the application from the evidentiary person,and after examination through legal procedures,order the holder of the instrument to submit the evidence of the instrument to meet the requirements,so as to achieve the purpose of the holder of the instrument to submit the instrument.When the order system was initially established in China,it was not practical due to the lack of detailed operating procedures.However,with the development of the country,the legislative work is also gradually deepened,and leakage searching for lack ofinstrument making order system,and the procedures tend to be complete,but compared with foreign mature application,it is not perfect.Based on the theory of instrument making order,this paper analyzes the legal basis of the order system.It is oriented by the problems existing in the application of the order system,to analyze the characteristics of relevant legal systems from outside region,and learn the beneficial elements which are helpful to relevant laws in China;Finally,on the basis of China's actual situation,combined with the advantages of extraterritorial legislation,the author puts forward his own ideas for improving China's order system.This paper is divided into four parts :The first part: introduce the concept of instrument making order.Through the typical cases in the judicial practice,to introduces the concept of the instrument making order and show the difficulty of the evidentiary person who can not complete the evidentiary work when the litigation status of both parties is not equal,and put forward the problems to be solved by analyzing the procedure of the practical operation of the case.The second part: expound the specific meaning of the instrument making order,get the concept of that,analyze the nature of the order system and the theoretical basis on which the development of the system depends by studying the origin of the order system put forward by the document,To explore the development of order system in document.The third part: to compare and contrast the order system of extraterritorial documents.By studying the legislative examples of Japan,Germany and Taiwan,this paper analyzes the different development of the three systems and the consistency of safeguarding the rights and interests of the parties concerned,sorts out the development history of the evidence collection procedure and the development status of the document order system in China's mainland,and extracts the essence of legislation from outside China's mainland.The fourth part: analyze the dilemma situation of our country in the process of putting forward the order system.By comparing the representative countries?regions? of this system,this part introduces the current situation and dilemma of the relevant legislation in China.Through the analysis of the present situation of the legislation of the order system in our country,we can find out the problems in our legislation.The fifth part put forward the suggestion for perfecting the order system.Our country gradually improve the system of civil litigation evidence collection under the trend of development,on the basis of this and through the analysis of existing problems in the legislation situation of order system,this part bases on the present actual situation,combines with the mature experience from practice,to part put forward the suggestion for perfecting the order system.