Study On The Obligation Of Third Party To Submit Documents In Civil Litigatio

The evidence of civil litigation is the basis and key of civil lawsuit,which has a very important role in the truth of the judicial discovery and the legitimate rights and interests of the parties.Under the judgment of evidence,the judge made the fact that the parties were tried in the fact that the parties would be able to collect evidence to support their claims in order to obtain evidence.Among the many evidences that prove the facts,the book has been used as the king of evidence.With its direct clear characteristics play an irreplaceable role in civil proceedings,sometimes even the direct determinants who determine whether the parties can win.Therefore,the rights given to the evidence clerk collection are particularly important.Under normal circumstances,the equality of equal litigation between the parties determines the book’s license held by the responsibility of the certificate,which can be more easy to obtain or apply for the court investigation and evidence.However,in civil lawsuits based on various reasons,the power between the parties is very disappearing.When the evidence required by the perspectival of the other party or the third person outside the lawsuit,the deputy personnel will be weak or otherwise not controlled by the evidence.Factors cannot submit evidence to prove their own claim,which will be in a disadvantageous litigation,even the risk of defeat.Especially new proceedings in recent years,such as environmental pollution,medical damage compensation disputes and disputes such as workers’ infringement,these disputes are characterized by large gaps between social status and economic capabilities between the parties.Key evidence often The third party of the parties or proceedings,that is,the so-called "evidence is in" phenomenon.In order to ensure that the parties argue in the fair litigation environment,the balance of the book collection rights is one of the key points.Although the parties can apply for the investigation of the people’s courts,they are not very clear due to the ambiguity of legislation,leading to the scope of the court to actively investigate the evidence.In most cases,the court often uses the parties.Compliance with the regulations and refuse to investigate.Although the law has set a prove to prevent the system to solve the problem under the control of the parties under the control of the parties.However,there is no problem with how the evidence should be issued under the control of the parties under the control of the evidence.The Continental Law Field By the paper proposes the certificate system to protect the certificate of the parties in the document evidence,that is,the other party or the third party’s control paper evidence is not provided,the proof responsibility party will apply to the court,publish orders required by the court The subject of control paper evidence is provided.The Supreme People’s Court introduced the "Interpretation of the People’s Republic of China Civil Procedure Law"(hereinafter referred to as the 2015 "People’s Interpretation")to make a configuration system for documents,but due to its compassion of blurred abstraction,only require The parties are borne,and the third person outside the case will not be classified into the obligation main body.In 2019,the Supreme People’s Court issued the "Several Provisions on the Evidence of Civil Lawsuit"(hereinafter referred to as the new "Civil Evidence Regulations")supplement the improved instrument to make a command system,but it can still be seen that the subject of its instruments is limited to the parties,so It is necessary to draw on the relevant legislative experience of the third humanity of the field,combined with the legal context of my country,and the class is obligated to make an obligation with the third humanity,and the system should have value and function in my country.The first part is an overview of the obligation of the third-party document,explaining the meaning and nature of the obligation of the third-party document,and differentiated and analyzed the relevant concepts.The second part mainly introduces the legal basis and functional value given to the third humanity to make obligations,so that the existence of the third humanity is a reasonable basis,as well as the function value that the class will bring to the function of the obligation.The third part mainly examines my country’s third humanities to make an obligation legislation and judicial status,and the current instrument proposes the main scope of order and the existence of the third person’s obligation,and classes the third people ’s duty to make obligations in my country.The fourth part is mainly an investigation of the third humanity of the domain,and the identity and differences of these countries or regions have been discovered through the analysis of the third humanities of the mainland legal system,discovered the same points and differences in these countries or regions.The instrument provides a reference.The fifth part is the conception of the obligation of the third party document in our country,through the specific and clear provisions on the third party document’s obligation in legislation,and strictly stipulate the legal consequences and sanctions.However,the third party should not only perform obligations,but also enjoy due rights.Therefore,granting relief rights to the third party is also an important part of the obligations of the third party in the document.