A Study On The Application Of The Obligations Proposed By The Document

Article 112 of the Judicial Interpretation of the Civil Procedure Law in 2015 established the system of filing orders for documents in China.The system has been improved in the Regulations on Evidence in Civil Procedure issued in December 2019 and formally implemented on May 1,2020.The obligation of filing documents refers to the public law obligation of the holder of documents to put forward an order according to the documents and to put forward the specific documents in his possession to assist the opposing party to provide evidence and assist the court to find out the facts of the case.The obligation of document presenting is an important part of the system of document presenting order.The judicial application level of the obligation of document presenting can greatly affect the ability of the parties to collect evidence.On the one hand,the value of a civil procedure system is reflected in the scientific nature of its own system,on the other hand,it can withstand the test of practice,can effectively solve the difficult problems in the civil procedure.The first focus of this paper is how the new provisions on the obligation to present documents in the Provisions on Evidence in Civil Procedure have a clear target for judicial application.First of all,the scope of obligations in China’s current instruments is different from that in Japan and Taiwan,which only adopts the enumeration type of limited legislation.Some scholars still have disputes about this.Based on the data of judicial cases and the basic national conditions of the transformation of civil procedure mode,the author expounds the necessity of avoiding the blind pursuit of the expansion of the obligation of filing documents.Second,in 2019 the civil action evidence regulations listed in the document but has different types reference Yu Deri and the regulation of China’s Taiwan,the authors think that after the current document type classification analysis case data really has the reality but list is not comprehensive,the new "civil litigation evidence rules" article 47 out of terms can make up for it in the judicial practice also questionable.In the process of studying the first two issues,it can be found that the improvement of the obligations on documents in the Provisions on Evidence in Civil Procedure not only solves part of the existing judicial application problems,but also gives rise to new practical problems.How to effectively solve these problems is another focus of this paper.The continuous improvement of obligations proposed in Chinese documents requires targeted ideas and directions for system improvement.On the one hand,in view of the cross-confusion between the filing of some documents derived from the transition period of China’s civil procedure mode and the case of the court applying for the transfer of evidence,judges need to timely explain.In view of the imperfect legislation,on the other hand,smaller scale,classified document protection obligations subject are insufficient,lack of procedure specific obligations to reduce problems,the author thinks that may be filed documents from expanding scope of subject,reduce paperwork specific obligations and protect the interests of the secret of the secret documents these three paths to further optimize the document command system is put forward.