Research On The System Of Document Proposal Order

The establishment of the document submission order system is to enhance the party’s ability to produce evidence,reduce the difficulty of producing evidence caused by "evidence partiality," and at the legal level,provide the other party with the evidence to provide assistance and promote the realization of the parties’ equity of weapons." Our country’s documents issued orders started late,lacked experience,and still have many flaws and flaws.The "Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation"(hereinafter referred to as the "New Evidence Regulations")that came into effect on May 1,2020 not only expands on the types of evidence,but also applies for the conditions for the submission of documentary evidence and the obligation to submit documentary evidence.More detailed procedural regulations have been made in terms of the scope and the consequences of non-compliance with documentary evidence.How this new regulation should be applied effectively and reasonably still needs in-depth analysis and interpretation.Not only that,a system cannot be perfect from the beginning of its formulation.What are the specific deficiencies of the document proposed by the new Evidence Regulations,how to improve it,how to learn from extraterritorial experience,and how to construct a document that is more in line with China’s national conditions.The order still needs work.The first part: starting from the concept of the document proposed order system,analyze the background and significance of the document proposed order,and deeply analyze the theoretical support and practical significance of the document proposed order system.This part compares the difference between the act of filing a document and the burden of proof and expounds the nature of the obligation of filing a document.It demonstrates that the original intention of the document filing order system was to resolve the unequal status of both parties,resulting in the difficulty of fair confrontation in litigation.The most basic characteristic of the document-proposed order system is to make the opposing parties have the obligation to assist each other without changing the burden of proof.Therefore,the theoretical basis of the document-proposed order system is "equity of arms" and "coordination." Based on the above theoretical analysis,it is concluded that the document submission order can promote equal confrontation between the parties,help the judicial organs to discover the truth of the case,and explain the importance and necessity of the document submission order system;Part 2: Comparison of other countries(regions) in the civil law system Or the regional document proposal order system and the common law system of evidence discovery system,usingGermany,Japan,my country’s Taiwan region and the United States as examples to analyze,explore the theoretical significance and development process behind the regulations.There are references to,evolution and progress and development between the different countries and regions of the civil law system in order to issue documents.The documents in Germany,Japan and Taiwan of China follow the usual rigor of the continental law system in their overall thinking and logic,But in terms of subject scope,object scope,sanctions,etc.,corresponding adjustments have been made in accordance with their respective development and practice;the common law system of evidence discovery system shows a stronger "party-oriented" color,compared with documents The order system is proposed,the scope of the object and subject of the discovery system is wider,and the sanctions are more severe,showing that the parties have a stronger "subjective initiative" on the outcome of the case.In this part,this article analyzes the advantages and disadvantages of the applicable systems in various countries and regions,and extracts as many essences as possible for our country to refer to after a comprehensive comparative analysis.The third part: mainly studies the generation and Development,from the two dimensions of legislation and practice to discuss the progress and deficiencies in the system development process in our country.Based on the promulgation of the new Evidence Regulations,it analyzes the current regulations and extracts the scope and scope of the document and order system.The various deficiencies in the scope of the subject,sanctions,reduction and exemption of obligations,and judicial application provide relatively clear directions and ideas for improving the system;Part 4: Regarding the problems identified in the previous part,it is still divided into legislation and practice.Based on the actual situation of our country,combined with the existing system and mature experience in other regions,analyze the gap between the existing system and the document-promulgating order system,and further explain the document proposal.While the order system is necessary,it also proposes suggestions for the improvement of the order system of our country’s documents from the two levels of system and practice.