论我国民事诉讼中律师调查令制度的构建-诉讼法学专业论文.docxVIP

The The COnStrUCtion of the i nvestigatio n system of civillitigationl l lawyer Name：Cuichunxiao Student No：201 301 ll 53 Instructor：．Huhu i Major：．Science of Procudural Laws Research Direction：Science of Civil Procudmal Laws Grade：2013 Abstract At present,the emphasis on the wave of judicial reform for civil cases，the reform of the iudicial way ishard to chew bones，but also needs to be the focus of the reform．Civil渊mnard evidence”is still very long period of time in the future continue to exist，domestic scholars and judges according tO the current 0111country national condition to the direction of the reform mainly on：furthelstrengthen the principle ofwho advocate who proof’，strengthen the ability of proof； Weakening of the peoples court at the same time according to the investigation power of authority, avoid the judge preconceptions formation of”heart¨，made the judge is really stood trial¨neutral position．China should continue to scale across the country courts the investigation system，from seventeen years of judicial practice proved that the system is feasible，and has a more tenacious vitality,at the same time reflects the current our country people’S desire to own right of investigation，the investigation by the parties is important to the judicial relief way．Evidence plays an important role in the trial，the judge is the referee’S important basis，lawsuit paRem determines the civil lawsuit of the parties to adhere to the principle of”who advocate who proof，in reality, however,are less able to collect evidence of the parties，and in the process of collecting evidence will encounter from，SO you need to be more perfect laws and regulations to ensure the fights of the parties investigation．This paper is divided into four parts： The first part，the investigation makes the system overview．First in this Paper,the investigation makes the system of the legal nature of meaning and its embodiment；And analysis system of investigation to reflect the real value of including app