| The legislation on civil inquest is provided for only in article 80 of the Code of Civil Procedure,which does not set out the specific scope of the inquest,but only sets out the basic standards,which raises questions about the determination of the inquest.According to the interpretation of existing legal provisions,inspection is the work of the people’s court.However,with the evolution of the structure of civil litigation,the transformation of our country towards the model of litigantism and the influence of major judicial reform measures,it has become the mainstream trend of the construction of the rule of law to strengthen the litigant’s litigation rights and guide the judges to make appropriate concessions.The introduction in 2019 of the amended provisions of the Supreme people’s Court on evidence in civil proceedings adds to the provisions that experts can examine under specific circumstances,creating a legislative precedent for private subjects to comply with the call for judicial reform,which is the progress of legislation.However,unfortunately,it still does not give the appraisal institution the status of the subject of investigation.The main point of this paper is to make it clear that the private subject is also the appropriate subject of civil investigation,and to call for the identification institution to be fixed as the subject of civil investigation.And demonstrate its feasibility.In order to achieve the purpose of the research,this paper is divided into four parts:The first part introduces the system related to the subject of civil investigation,including the legal relationship of civil investigation and the essence of civil investigation.Civil investigation of legal relations must also conform to the three elements of legal relations —— subject,object and content,this part will expand each element,and focus on the introduction of the subject part.The determination of the nature of civil investigation is an important work.After deleting the provisions of the civil evidence regulations in 2001,the civil investigation is no longer the method of evidence investigation,which is monopolized by the public power,which opens a breakthrough for widening the scope of the subject.The second part mainly combs the provisions on the subject of civil investigation in the current civil litigation legislation of our country,and points out its shortcomings.It is concluded that the system of the subject of investigation under the existing framework should be expanded and explained,and the private subject should also be listed as the conclusion of the subject of investigation.The process of interpreting and demonstrating the norms of civil inquisition system through the conventional legal interpretation method makes the conclusion can be connected with the purpose of civil litigation and other civil litigation systems.The third part explains why the private subject should be regarded as the guiding principle behind the inspection subject.The most important thing is the influence of the structure of civil litigation on the civil inspection subject.According to the mainstream viewpoint of the legal theorists of civil litigation,the structure of civil litigation in China is now in the stage of transition from the mode of power doctrine to the mode of litigant doctrine,which makes the referee in a neutral position and mainly sets the tone of procedural matters.The process of litigant-oriented litigation is the characteristic of litigant-oriented mode.The change of civil litigation structure requires the realization of judicial reform measures.In recent years,many judicial reforms have appeared.This paper enumerates the judicial reform centered on trial and the judicial reform of filing and registration system.Its connotation puts forward more stringent requirements for the scope of civil inspection subject,which needs to be limited to meet the reform content.The fourth part is the legislative suggestion part.Through the exploration and comparative study of the provisions of the Japanese Civil procedure Law,and then in line with the current institutional framework of our country,The author puts forward the legislative suggestions of the subject system: the construction of the subject system of national inspection by promulgating new judicial interpretation,and the refinement under the existing legislative framework.First of all,the appraisal institution should be regarded as the subject of the investigation;secondly,the parties should be given the choice of a more suitable subject according to the case situation;finally,the system of auxiliary persons for the investigation in Japan should be used for reference.Through the relevant norms and theoretical basis to demonstrate its feasibility. |
