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Hong Bo, a deputy to the National People's Congress, suggested: Formulate a national standard for lawyer investigation orders

author:Taiwan Strait Net

Source: Taiwan Straits Network

According to a report by Fujian Ribao on 10 March, Hong Bo, a deputy to the National People's Congress and honorary president of the Fujian Lawyers Association, suggested that regulations on the implementation of lawyer investigation orders in civil and administrative litigation be formulated at the national level at an appropriate time, so that lawyers throughout the country can exercise their right to investigate and collect evidence on an equal footing, so as to better serve judicial practice throughout the country.

Hong Bo believes that the implementation of the investigation order system can effectively implement the Lawyers Law, alleviate the difficulty of lawyers in collecting evidence, and also ensure the neutrality of judicial trials and provide space for parties to participate in litigation. The investigation order system is a specific measure in the investigation and collection of evidence by the people's courts, and has a legal basis, but at present, the practices in various localities are different, it is difficult to achieve judicial fairness and impartiality, and it is difficult for lawyers to hold investigation orders to collect evidence in different places, and the investigation order system also lacks unified basic content provisions, unified procedural matters, and sound disciplinary mechanisms, etc., which greatly reduces its functions.

To this end, Hong Bo suggested that the Supreme People's Court, the Ministry of Justice, and other relevant units take the lead in formulating specific norms for lawyer investigation orders that are uniformly applied nationwide, clarify the scope of application, procedural matters, punishment mechanisms, and other contents in the norms for lawyer investigation orders uniformly applied nationwide, and make it clear that lawyer investigation orders can be applied in administrative litigation and enforced with reference to civil litigation. (Reporter Lin Xia)

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