Study On The System Of Order For Production Of A Document

In Germany and Japan,System of order for production of a document is a way to solve the problem of spoliation of evidence,and it is the way to guarantee the party's collection of evidence.In 2015,the implementation of the“judicial interpretation of civil procedure law "stipulates the order for production of a document to provide a legal basis for the behavior of spoliation of document.But only two provisions are very difficult to realize the good operation of the order system.This paper will start from the problem of obtaining evidence for the parties,and elaborate the improvement of our country's the system of order for production of a document in depth.In addition to the introduction and conclusion,this paper is divided into four parts.The first part defines the conception of the order of the document,this part distinguishes between evidence collection,spoliation of evidence.And the order of the document is the court applies the order of the document based on the application of a party who bears the burden of proof to the other party or the third party who bears the non burden of proof but holds the document.The second part analyzes the present situation of the system of order for production of a document.This part sums up and analyzes that the content of the legislation is narrow,similar and careless,the insufficient theoretical studies,practice and operation backward of the order for production of a document in our country now.So these can provide the basis for the improvement of the order system.The third part puts forward the necessity of improving the order for production of a document.This part states the improvement of the order for production of a document from the right of obtaining evidence and procedure protection,reconciliation and mediation before the court,the pursuit of the truth of the case and fairness and justice three aspects on the analysis of the present situation of the order for production of a document in the second part.The fourth part discusses the improvement of the order for production of a document in our country.This part points out different legal consequences between the order for production of a document and inversion of the burden of proof,and puts forward the suggestion on legislation and practice,including the extension of the scope of subjects of the obligation of the document,extends the application time,specifies subjective scope and justifiable reasons,such as objective reasons,legal situation of application,establishment of application and review procedure,the measures of sanction and gives holder of the document the right of secret protection,the right of reasonable cost,dissenting right and the right of reward to improving the order system.