Research On The Investigation Order System Of Lawyers In Civil Litigation

As an original evidence collection system in China,the system of lawyer’s investigation order in civil litigation has gone through a long development process.During this period,it was adopted and tried by the People’s Court in many parts of the country with remarkable results.It not only effectively guarantees the parties’ right of Investigation and collection of evidence,but also plays an important role in the maintenance of the parties’ litigation rights.However,during the long-term trial implementation and practice of the system of lawyers’ investigation orders,more and more problems have been exposed,for example,the legal basis of ambiguity,operating procedures are not unified,the narrow scope of application,low degree of social awareness,the lack of appropriate safeguards.After reviewing the evidence collection systems and theories of the countries concerned,it is found that the long-established instruments,such as orders and discovery of evidence,are quite complete and can be used for reference by our country.Therefore,in order to give full play to the function of China’s lawyer’s investigation order system,meet the needs of the protection of litigants’ right of action,solve the problems in the implementation of civil cases,and ensure the power of judges to adjudicate cases fairly and in accordance with the law,it is necessary to explore and perfect the system of lawyer’s investigation order.