论民事诉讼当事人的申请调查取证权

On the Contesting Parties' Right of Application for Investigation and Collecting Evidence in Civil Litigation

申请法院调查取证权是审判方式转型背景下民事诉讼法赋予当事人的一项重要权利。该项权利的实现有利于法院在发现真实的基础上保护当事人的合法民事权益和维护国家的民事法律秩序。目前民事诉讼法关于申请调查取证权的规定还过于原则,需要明晰该权利的构成要件,研究该权利在诉讼实务中的运作状况。修订《民事诉讼法》时,还应当制定用于调整行使这一权利所引发的利益冲突的具体规则。

The right of application for investigation and collecting evidence is an important right of the Contesting Parties that is endowed by the Civil Litigation Law in the background of the trial mode transformation. The realization of this right can both contribute to ensure the contesting parties fully exert their litigation rights and the court successfully protect lawful rights of the contesting parties and maintain the national civil legal order on the basis of finding the truth. Currently,the regulations for the contesting parties' right of application for investigation and collecting evidence remain in principles,and we should further establish the constituent elements and make a study on the operation of this right in the litigation. Furthermore,detailed rules should also be established to adjust the interest conflicts in the course of modifying the Chinese Civil Litigation Law.