Problems on Construction of the Lawyer Investigation Writ System in China
After continuous exploration,Chinese courts have established a lawyer investigation writ system.At present,there are several issues that need to be further improved in the system of lawyer investigation writ.Several aspects of the nature of lawyer's investigation writ behavior,investigation writ application,listening to evidence holders,and cross provincial application of lawyer investigation writ must be further clarified or improved.The nature of the lawyer's investigation writ investigation behavior needs to be examined from the perspective of the obligation of evidence holders to maintain judicial order,based on the"public right".It is necessary to cancel the provision that"due to objective reasons,it is impossible to conduct self-investigation and collect evidence"in order to avoid logical contradictions in the system.A procedure should be established to listen to the opinions of evidence holders and safeguard their legitimate rights and interests.The system of lawyer investigation writ should allow cross provincial application to improve the efficiency and effectiveness of lawyer evidence investigation and collection.
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维普
