民事证据调查令制度的司法适用路径探析

An Analysis on Judicial Application Path of Civil Evidence Investigation Order System

现行法律及司法解释虽对当事人之调查取证问题进行了规定,但囿于种种原因,当事人调查取证权利在司法实践中仍存实现不足之虞,难以满足司法需求之现状。实践中,各地人民法院试行了证据调查令制度,然而,因对证据调查令制度的规定较不统一及性质认识的模糊等,带来了司法适用上的种种困难。为此,有必要对证据调查令之相关问题进行再认识,以推动实践所遇问题的解决,进而能对证据调查令制度的立法有所裨益。

The present law and judicial interpretations have stipulations about investigation and evidence collection of the party concerned. However, due to various reasons, the party cannot fully perform his rights to investigate and collect evidence in judicial practice, which makes it hard to meet the current judi- cial needs. In practice, local People＇ s Courts have tried out evidence investigation order system, but it brings about all kinds of difficulties in judicial application as a result of non-uniform stipulations about evi- dence investigation order system and fuzzy understanding of its nature. Therefore, it is necessary to review the issues concerning the order to solve problems in practice and thus promotes the legislation of the system.