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Research On The Lawyer Investigation Order Syste

Posted on:2024-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:D Y MaFull Text:PDF
GTID:2556306920973429Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence is the basis for a verdict and the cornerstone of litigation.Judges rely on the evidence provided by the parties in civil litigation to determine the facts of the case and make fair judgments based on them.However,a prominent problem in the civil justice system is the weak ability of the parties and their lawyers to investigate and collect evidence.To address this issue,the system of lawyer investigation orders was created by local courts,but it has been controversial since its inception.The system of lawyer investigation orders is of great significance for improving the work ability of lawyers,improving the efficiency of litigation,and protecting the rights and interests of third parties.However,in the long-term trial process,there are problems such as insufficient legal authority,confusing operating procedures,and imperfect relief procedures.This article elaborates on the basic content of the system of lawyer investigation orders,summarizes the experience of similar systems in two major foreign legal systems,and analyzes and summarizes the shortcomings and deficiencies of the system of lawyer investigation orders in judicial practice.It proposes improvement suggestions from the perspectives of legislation,operating procedures,and guarantee procedures to fully utilize the role of this system in judicial practice and ensure the realization of its purpose.
Keywords/Search Tags:civil litigation, lawyer investigation order, evidence collection
PDF Full Text Request
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