Research On The System Of Document Proposition Obligation Under The New Civil Evidence Regulations

With the rapid development of society,a large number of modern new-type litigation cases have emerged.Because of the particularity of the legal relationship of these cases and the large gap between the parties’ economic ability and social status in the real society,the key evidence is often under the control of one party,and the other party has almost no possibility of obtaining the required evidence,that is,the evidence is biased.In order to realize the principle of equality of arms in civil litigation,the idea of evidence cooperation,and shape the pattern of equal confrontation between the parties,the right of the weak party to collect evidence must be fully guaranteed.Under the background that the synergetic litigation mode has attracted much attention,the obligation system proposed in the document is used and developed in China as a method to solve the problem of biased evidence.The obligation of presenting documents refers to the public law obligation of the holder of documents to give orders according to the documents,and to present the specific documents held by him to assist the other party in giving evidence and the court in finding out the case.The obligation of filing documents is an important part of the system of filing documents,and the application of the obligation of filing documents can greatly affect the ability of the parties to collect evidence.Article 112 of 2015 Interpretation of Civil Procedure Law [2015 Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China] created the obligation system of document presentation in China.That is,one party is given the right to file an application for documents,and the other party,that is,the document holder,is burdened with the obligation to file documents,so as to increase the way of evidence collection and promote the litigation process.The new "Civil Evidence Regulations" [2020 "Several Provisions of the Supreme People’s Court on Civil Litigation Evidence" ] issued in December2019 and officially implemented on May 1,2020 has improved the procedure of this system,and provided a path choice for the way of collecting evidence of parties in China.On the one hand,the value of the civil litigation system is reflected in the systematicness and integrity of the system theory,and on the other hand,whether it can solve the existing litigation problems in judicial practice.Obviously,the obligation system of presenting documents is an indispensable part of solving evidence disputes in civil proceedings.Based on the theory and practice,this paper systematically analyzes and studies the obligation system proposed by documents.In the process of research,the author found that the improvement of the obligation of the new "Civil Evidence Regulations" on documents solved some problems,but at the same time,there were some remaining problems and catalyzed new problems.How to effectively solve these problems is the top priority of this paper.Based on the legislative style and the current judicial situation,the author concludes that the continuous improvement of the obligation system proposed by our country’s documents needs targeted improvement ideas and directions.At present,there are some problems in our country’s system of filing obligation,such as incomplete legislation leading to the narrow scope of the subject of filing obligation,the lack of mitigation norms for specific obligations of documents,the lack of protection procedures for secret documents of document holders,and the lack of relief procedures for the parties after examination.The author believes that it is necessary to add the system of filing obligation in the Civil Procedure Law and expand the subject scope of filing obligation,so as to fundamentally solve the problem that the subject scope is limited to both parties and the protection of private rights cannot be extended.Secondly,it is necessary to set up a specific obligation mitigation standard to protect the interests of applicants under special conditions and improve the application rate of the system.Thirdly,the secret document protection procedure should be established,and the document rejection right of the document holder and the secret trial procedure of the document holder should be expressly stipulated to prevent the disclosure of the holder’s secret.Finally,the relief procedure after examination should be set up to protect the relief rights of the parties.