Research On The System Of Lawyer’s Investigation Order In Civil Procedure

The lawyer investigation order is an evidence collection order issued by the court upon the application of the party concerned,it helps to solve the problem of difficult evidence collection in the process of litigation,it will also help ease the pressure on the court to handle cases and save judicial resources,to ensure a fair and equitable outcome of the litigation.In spite of this,there are also problems in the operation of the system,including: lack of clear legal basis,different specifications of specific contents,lack of sanctions for violations of investigation orders,lack of corresponding relief measures and so on.Starting with the basic concept of lawyer investigation order,this paper discusses the operation of lawyer investigation order in practice,analyzes it’s existing problems,and puts forward relevant improvement suggestions on the basis of comparative research.This article includes four chapters : the first chapter describes the connotation,background of establishment,legal nature and value of this system.Considering that the legal nature of this system is more inclined to the public power of the court.The establishment of this system is conducive to protecting the legitimate rights and interests of the parties,realizing procedural justice and improving litigation efficiency.The second part is the practical analysis of the lawyer investigation order system.Taking Shanghai,Beijing and Zhejiang as examples,this paper analyzes the trial rules of lawyer investigation order in various parts of China,discusses its practical application,and analyzes the problems existing in the implementation of the system.The third chapter mainly makes a comparative study on the existing lawyer investigation and evidence collection system of the two legal systems,analyzes its specific rules and their application,expounds its enlightenment to China’s lawyer investigation order system,and analyzes what is worthy of reference.The fourth chapter expounds the suggestions on the improvement of the lawyer’s investigation order system,and puts forward that in order to better protect the party’s right to provide evidence and the lawyer’s right to investigate and obtain evidence,We should further specify the lawyer’s investigation order system and standardize the specific contents of the investigation order system in the civil procedure law,and add an auxiliary mechanism for the realization of the lawyer’s investigation order.