民事诉讼律师调查笔录初探.pdfVIP

Abstract Stability of legislation and the lag, our law does not explicitly require a lawyer to investigate record. But out of the lawyers identified in the judicial practice of the facts of the case and the parties dispute the practical needs of the investigative record as a law of evidence applicable in judicial practice. Its Department of Civil Procedure main is based on practical needs of their own creation; it is not one of the legal evidence. Its manifestations, as compared to the evidence and other legal evidence are fundamentally different, its features make be attributed to any type of legal evidence are wrong. Solicitor to investigate the transcripts of judicial practice as evidence applicable to a wide range, especially in marriage and family, inheritance disputes, contract disputes and tort disputes in the evidence as legal evidence of complement, in large part to fill the principles of Chinas direct words, can not implementation blank for the court to find out the facts of the case, to completely resolve the conflict between the parties played a considerable role. Although at the macro level, the main civil action to accept the solicitor to investigate the transcripts as evidence applicable contingent in Chinas legislation on the nature of the evidence and not clearly defined, coupled with the lack of understanding of the parties to the evidence, the lawyers own reasons, as well as by Chinas traditional the application of attitude and your sense factors, all civil proceedings the main body of the evidence is not uniform. The application of the evidence in line with the value of choice for our people, and evidence as legal evidence and there is no legislativ