Research On The Obligation System Of Civil Procedure Documents

The development of economic society has resulted in a large number of modern new lawsuits.Due to the special nature of the legal relationship of the case itself and the huge gap in the real world,key evidence is under the control of one party,and the other party has hardly obtained the required evidence Likelihood,evidence is biased.In order to realize the principle of equality of arms in civil lawsuits and to maintain a pattern of equal confrontation between the two parties,it is necessary to fully protect the evidence collection right of the weaker party.Against this background,the obligations of the parties' documents are applied and developed in China.The obligation to present an instrument refers to the obligation of the party to present the documentary evidence to the court under the circumstances prescribed by law when the other party and the third party outside the case hold the documentary evidence upon application by a party in a civil action.The obligation system of the document refers to the normative composition of application conditions,scope,subject of obligations,exceptions,etc.China's awareness of the concept of the obligation to submit an instrument has been reflected in the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings",and the system was subsequently issued by the Supreme People's Court in 2015 on the application of the "Civil Procedure Law of the People's Republic of China".The interpretation was clearly stated for the first time,but no specific provisions were made.The "Decision of the Supreme People's Court on Amending the" Several Provisions on Evidence in Civil Procedures "" in2019 made specific supplementary provisions for the order of the instrument,which is greatly improved.The instrument proposes an obligation system.However,it is not difficult to find that Germany,Japan,and Taiwan,which also implement the obligation system of the instrument,are relatively unorganized in the design of the legislative system and have not yet formed a complete system.Second,they have not included a third party in the scope of the obligations of the instrument and the third party.There are no relevant provisions for sanctions against violations of this obligation by the person.Finally,the procedure designdoes not stipulate the remedies for the parties and third parties.Therefore,there is room and necessity for further improvement of the obligations of the parties in our country.Based on the current status of China's legislation and the current state of justice,combined with the relevant legal system experience of the civil law system and the common law system of the United States and the United States,specific analysis of the above issues,through the implementation of hierarchical legislation,the inclusion of third parties into the scope of the subject,enrichment of sanctions,and increased sanctions A series of measures,such as setting specific obligations for documents,and adding relief procedures,have made our system of obligations for putting forward documents closer to completion,with a view to better functioning in judicial practice,giving effective results,and maximizing protection of the parties' right to collect evidence.Strive to resolve the phenomenon of evidence bias and achieve the unity of procedural justice and substantive justice.