Research On The System Of Filing Order Of Documentary Evidence In Civil Procedure

Evidence undoubtedly plays an important role in the realization of judicial justice.However,with the intensification of the phenomenon of "evidence bias",the parties with the burden of proof are obviously facing difficulties in the collection of evidence.The court’s ex officio evidence collection and the lawyer’s investigation and evidence collection can not alleviate the difficulties of the parties.The establishment of the documentary evidence submission order system has expanded the parties’ right to collect evidence in a certain sense,enhanced the parties’ ability to present evidence,and alleviated the difficulty of collecting evidence in current judicial practice.At the same time,the documentary evidence submission order system also strengthens the protection of the parties’ rights in evidence collection to a certain extent,so that China’s civil evidence collection system can be improved and also help to achieve procedural justice.Since 2001,the Supreme People’s Court stipulated the "obligation to submit evidence" in the Several Provisions on Evidence in Civil Proceedings,and China has formally established and gradually improved the system of issuing orders for documentary evidence in the 2015 judicial interpretation and the new civil evidence provisions in 2019.However,compared with civil law countries and regions and common law countries,China’s documentary evidence system is still in its infancy,its development is not yet mature,many provisions are too rough,and there are many chaos in judicial practice.Judging from the current situation of legislation and judiciary in China,there are still problems such as narrow scope of subjects,defective scope of objects,imperfect application and review procedures,lack of relief procedures,and unreasonable sanctions measures,which has also led to problems such as low application rate and high appeal rate of documentary evidence orders in judicial practice,making the system unable to fully play its role.Therefore,China still needs to refine and improve the system.Based on this,the scope of the subject matter of the applicant should be expanded to a third party outside the case,and at the same time it should be given corresponding procedural safeguards.In terms of the scope of objects,the documentary evidence of legal relations is added to expand the scope of application of the documentary evidence to the application of the order.In terms of application and examination procedures,the restrictions on application time and the requirements for the specificity of documentary evidence have been relaxed,and procedures for document-specific application have been established.At the same time,in order to prevent the disclosure of the holder’s secret privacy and fully protect the legitimate rights and interests of the holder,the specific reasons for refusing to submit documentary evidence are clarified and secret review procedures are established.For the lack of relief procedures,the applicant is allowed to challenge the ruling of the documentary evidence to make an order,so as to protect the legitimate rights and interests of the parties.In terms of sanctions measures,in order to achieve an actual deterrent effect on the parties,it should be determined that the applicant is true based on the facts to be proved by the documentary evidence,rather than finding that the content of the documentary evidence is true.