On the extension of the applicable scope of order for production of a document in China: In the perspective of the duty of putting forward evidence to court of the third party
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    Abstract:

    The establishment of the order for production of a document seems to be significant for promoting civil parties' evidence-gathering capacity, protecting their legitimate rights and interests, as well as ensuring the accuracy of the people's court ascertaining the facts of a case. On the basis of the related rules in Continental Legal System, section 112 of the Judicial Explanation of Civil Procedure Law of the People's Republic of China has been promulgated this system, by contrast, there are still inadequacies in the design of the order for production of a document in China, among the most outstanding is the order for production of a document which has very narrow applications, providing only the duty of putting forward evidence to court of parties in civil, and ignoring the third party. Therefore, it is necessary to learn from extraterritorial experience in legislation on the duty of putting forward evidence to court of the third party, to extend the scope of civil subject of the duty of putting forward evidence to court in China, so as to establish the duty of putting forward evidence to court of the third party as quickly as possible.

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吴如巧,郭成,谢锦添.论中国文书提出命令制度适用范围的扩展——以第三人文书提出义务为视角[J].重庆大学学报社会科学版,2017,23(1):94~100

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History
  • Received:December 18,2016
  • Revised:
  • Adopted:
  • Online: January 21,2017
  • Published: