The second section  Investigation

 

ArticleOne hundred and thirty-six"The investigation order" [conditions]

As a litigation representative lawyer, later in the civil cases by the people's court, because of the need to state organs, social organizations, enterprises and institutions, intermediaries, the legal person or other organization investigation evidence, may apply to the people's Court issued the "investigation order".

Evidence involving state secrets, personal privacy, commercial secrets or other reasons can not be disclosed, as agents ad litem may apply to the people's court lawyer issued "investigation order", but can apply for the judges investigation.

The need for personal investigation evidence, as agents ad litem may apply to the people's court lawyer issued "investigation order". But can apply to notify the witness to testify in court.

 

ArticleOne hundred and thirty-seven"The investigation order" [application]

As an agent ad litem law apply to the people's court for issuing "investigation order", shall be submitted to the people's court to investigate the "application".

"The investigation order form" shall specify the name of the applicant, "lawyer license" number, his law firm's name and the specific name, the person under investigation form of evidence, to prove the facts or with the case of the relevance of such content.

 

ArticleOne hundred and thirty-eight"The investigation order" [review of the application and issuance of]

The people's court receives as agent ad litem lawyers "investigation order" after the application, shall appoint a judge to listen to the applicant's reasons.

The judge hearing the reason, that does not belong to one of the following cases, shall timely issue of "investigation order":

(a) to survey evidence involving state secrets;

(two) the survey evidence relates to personal privacy;

(three) the survey evidence concerning commercial secrets;

(four) the investigation of evidence and the facts of the case not related;

(five) the investigation of evidence is not the person under investigation, management, preservation or hold control;

(six) significant differences exist on both sides of the dispute of fact, issued "investigation order" may damage the interests of the other party;

(seven) issued "investigation order" may damage the legitimate interests of the other party;

(eight) to be issued "investigation order" case.

For the existence of related evidence and the facts of the case, but not in conformity with the issue of "the investigation order" situation, the people's court shall appoint the judges investigation.

"The investigation order" format by the Supreme People's court is printed.

 

ArticleOne hundred and thirty-nineA [remedy shall not issue the "investigation order"]

Shall not issue the "investigation order" decision, the people's court shall notify the applicant in writing. Notice shall state shall not issue the "investigation order" reason.

The applicant shall not issue the "investigation order" decision has an objection to the people's court, may apply for reconsideration once.

The people's court receiving the reconsideration application form, should be timely to the applicant's statement, and timely whether issue "investigation order" decision.

 

ArticleOne hundred and forty"The [lawyer license" and "the investigation order" of the show and check]

Investigators should take the initiative to ask the person under investigation show "license" and "the investigation order" lawyer.

The person under investigation has the right to require the investigation show "license" and "the investigation order" lawyer.

 

ArticleOne hundred and forty-oneThe ["investigation order" is invalid and failure]

"Investigation order" in one of the following cases invalid or failure:

(a) investigation and "investigation order" shall hold the main body is not consistent;

(two) "investigation order" is not sealed by the people's court;

(three) "investigation order" has been overdue.

 

ArticleOne hundred and forty-two"The investigation order" [effect]

In addition to "investigation order" invalid, survey to respondents show "investigation order" as the judge at. Respondents must perform "investigation order" stated obligations; otherwise, it shall be punished in accordance with the relevant provisions of this law, the penalty.

 

ArticleOne hundred and forty-threeA form of [evidence]

By providing evidence investigation, should provide the original copy or the original copy or proof of the original content can reflect the visual information or pictures, the evidence on the note and the original or original, with evidence or unit of the seal, specify provide evidence to date.

Any person under investigation provides evidence, judge can notify the person under investigation produced at the hearing, can also go to check or to notify the parties concerned to interrogation.

 

ArticleOne hundred and forty-four"The investigation order" [refuse] for instructions

Respondents considered the evidence with the shall not issue the "investigation order" reasons, shall, within forty-eight hours to the people's court or by telephone, video transmission form to judge explanation. Whether to recover the "investigation", according to the specific circumstances of discretion by the judge.

 

ArticleOne hundred and forty-fiveA [delay and cannot provide evidence that]

The person under investigation cannot provide evidence investigation order "in" during the limited period, it shall explain the reasons and to provide evidence of the "investigation order receipt".

The person under investigation no evidence provided, shall be explained in the "investigation order receipt".

 

ArticleOne hundred and forty-sixA [evidence submitted and "recover" the investigation order]

Investigation to obtain evidence, shall be evidence investigation order "and" return to submit the judge.

Not timely investigation to obtain evidence, should be "investigation order receipt" and the person under investigation that should returned to judge, be selective.

Investigators did not yield evidence, should be "investigation order" and the person under investigation that returned back to the judge.

The investigation shall not use or to meet the time limit for failure "investigation order" in return to judge.