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China Broadcasting Network Chongqing, December 24 (Reporter Wu Xinwei) The Chongqing High Court announced today that, in order to effectively protect litigants in civil litigation to exercise their litigation rights in accordance with the law, and to fully exploit the role of lawyers in the investigation and gathering of evidence in accordance with the law, the court recently issued the Opinions on the execution of investigation orders of lawyers in China (revised in 2020) “and the” Opinions on the execution of judgments of investigation orders of lawyers in civil litigation “issued in 2016, which is another specific measure of the city to optimize the business environment.
The reviewed “Opinions” have 23 articles, including the application, issuance, administration, use and handling of the abuse of the attorney investigation order. If the parties and the attorney representing the litigation are unable to collect evidence on their own due to objective reasons, they may apply to the court for an investigation order from an attorney, and the attorney will collect evidence from the relevant units and individuals under the order. When submitting an application, it is necessary to explain the reason why the attorney cannot collect or retrieve evidence himself. The opinion is clear that the attorney’s investigation order will not be directed to the opposing party. Additionally, the court will not issue investigative orders to attorneys in situations involving state secrets, trade secrets, personal privacy, etc.
The opinion also clarifies the period of validity of the attorney’s instruction order, which can be determined according to the needs of the investigation and the complexity of the case, and the maximum term will not exceed 15 days. The attorney’s investigation order will automatically become invalid after the time limit expires. If the investigation cannot be completed within the validity period due to force majeure or other special circumstances, within five business days after the obstacle is removed, the attorney representing the attorney may request the court to reissue the warrant for attorney investigation.
The previous rulings also clarify that if the investigator refuses or obstructs the investigation and collection of evidence from the lawyer without justifiable reasons, the lawyer who has the order will report the situation to the popular court that issued the order of investigation without delay. The court may issue judicial suggestions for correction within a time limit to the person under investigation, or may, depending on the severity of the circumstances, impose sanctions in accordance with the relevant provisions of the Civil Procedure Law and other relevant provisions. . If units and public officials who have an obligation to assist in the investigation refuse to accept the investigation, the court may submit judicial recommendations for disciplinary sanctions to the supervisory authority or relevant agencies. If necessary, report the situation to the local party committee, government and relevant departments.
According to the Chongqing High Court, since the implementation of the lawyer investigation order system in 2016, the city courts have issued almost 16,000 investigation orders based on requests from lawyers. After this review, a more complete statement was made on the right of the lawyer to investigate and collect evidence, and the duty of cooperation of the investigated person was clearly stipulated, and disciplinary measures were specified for denial or obstruction of the investigation and collection of evidence. attorney’s evidence without good cause. It is hoped that through this review and improvement, it will be more convenient for lawyers to investigate and obtain evidence, the resolution of time-consuming court disputes will be further reduced, and the legal business environment of this city will be further optimized.Return to Sohu to see more
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