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当前各地法院试行的民事证据调查令制度普遍存在法律依据缺失、适用阶段不明、调查对象范围过窄、缺乏制裁措施等问题。完善民事证据调查令制度有利于落实证明责任制度,确保法院中立地位,缓解法官办案压力,提升诉讼效率。构建我国民事证据调查令制度需要解决调查令法律属性、持有人身份、调查令适用阶段、调取证据范围与形式等诸多问题。为此,应通过立法实现调查令制度法定化。
At present, the civil evidence investigation order trial by courts around the world is ubiquitously lacking in legal basis, unknown application stage, narrow scope of investigation and lack of sanctions measures. Perfecting the civil evidence investigation order system is conducive to the implementation of the burden of proof, ensuring the neutrality of the court, easing the pressure on judges and increasing the efficiency of litigation. The system of investigating the civil evidence in our country needs to solve many problems such as the legal nature of the investigation order, the identity of the holder, the stage of application of the investigation order, and the scope and form of the evidence. For this reason, the system should be statutory through the investigation of legislation.