论调查令制度在化解“举证难”中的作用及其完善路径

On the Function of Investigation Writ System in Solving Difficulties in Obtaining Evidence and its Improving Solution

证据是人民法院审理案件和作出裁决的关键所在。然而,在司法实践中,由于举证能力有限,当事人举证往往发生诸多困难。律师调查令制度具有保障当事人举证权作用,在一定程度上能够化解"举证难"的问题。但是,律师调查令在适用上也存在着诸如不具备强制力障碍,以至于不能完全发挥调查令制度的作用。因此,分析当事人"举证难"的原因、调查令制度的作用以及完善调查令制度的路径具有现实意义,同时也是我国司法改革的趋势所在。

Evidence is the key for the People's Courts to hear cases and make decisions.However,in the judicial practice,because of the limited ability of proof,the parties often have many difficulties in making evidence.The attorney's investigation writ system has the function of guaranteeing the party's right to evidence,and to a certain extent,it can solve the difficulties in obtaining evidence.However,there are also obstacles such as the lack of coercive power in the application of a attorney's investigation order,which cannot fully function as an investigation order system.Therefore,,it has reality to analyze the reasons of difficulties in obtaining evidence,the function of investigation writ system and perfect the way of it.Meanwhile,it is also the tendency of judicial reform.