&Nbsp Dispute On Textile Products In May 24Th Two; Henan Issued The First "Lawyer Investigation Order" On Behalf Of The Court To Investigate Early News.

In May 6, 2010, the Executive Office of Zhongyuan District of Zhengzhou opened the first lawyer investigation order of Henan provincial court system.

case

May 10, 2007, Zhengzhou, Henan.

After signing the contract, Rui long textile was delivered on schedule, but Xinfeng textile did not pay the goods after receiving the goods.

In March 2009, Xinfeng textile was prosecuted to the court by Rui long textile for payment of interest and interest.

At the end of April 2009, the court decided that the textile act of Xinfeng constituted a breach of contract.

After the court's first instance decision, Xinfeng textile did not appeal.

After the decision came into effect, Rui textile applied to the court for enforcement.

Rui long textile

In May 5, 2010, Rui textile submitted an application for investigation order to the court of Zhongyuan District of Zhengzhou, Nie Jian and another one.

In May 6, 2010, the Executive Office of the Central Plains District of Zhengzhou issued the first lawyer investigation order of the Henan provincial court system. It requested that the housing authority of Jining should bear the legal liability arising from the investigation of the investigation made by the housing authority within the time limit.

The investigation concluded that the expiry date was June 6, 2010.

Basis

In September 18, 2009, the Henan Provincial Higher People's Court issued a number of provisions on the use of investigation orders in the enforcement procedures (Trial Implementation).

According to the provisions, in executing cases, a commissioned lawyer may investigate the basic conditions of the industrial and commercial registration of the executed person, and the real estate registration and machinery.

The provision clearly states that "the person under investigation shall be within seven days from the date of receipt of the order of investigation to the evidence specified in the investigation order."

"Investigation order is a normative legal document issued by the people's court, which is entrusted or authorized by a lawyer entrusted by the applicant to implement it. It can be said that it is still an investigation of the court."

Cao Weiping, deputy director of the Executive Office of the provincial high court.

Cao Weiping explained: "after receiving this order, the investigated person must provide evidence that he has grasped. If there is no justification for refusal, it should be treated according to the provisions of the 103rd article of the civil procedure law.

"The investigation order is good, but it is still unknown whether the Jining Housing Authority will cooperate.

If the other party does not cooperate, we will reflect to the Henan provincial high court. The Henan provincial high court will report the Supreme Court, perhaps the system will be perfected in the form of legislation.

Central Plains District Court Executive Board two teams Deputy captain Li Xiaole said.

Effect

"Sorry, we have internal regulations."

Many lawyers will be rejected when investigating and collecting evidence. A "internal regulation" can shut out lawyers.

Which of the "internal regulations" is more effective than the investigation order?

"Government information is based on the principle of openness, without exception. Other social organizations are also obliged to assist in investigation and evidence collection because of the need for litigation.

It can be seen that in addition to a few "exceptions" involving national defense and national security, "internal provisions" do not apply in the presence of investigation orders.

Zhao Wanjun, a lawyer in Zhengzhou, analyzed.

Cao Weiping, deputy director of the Executive Office of the provincial high court, said that not all cases are applicable to investigation orders, such as those involving state secrets, business secrets, or evidence that is unrelated to the case and is not suitable for investigation by lawyers. The respondents have the right to refuse to provide such a bank account, which must be investigated by the court.

In accordance with the newly revised civil procedure law, the application executor is obliged to provide evidence of the property clues of the person subjected to execution when applying for enforcement by the court.

This requires application executors to conduct investigation and evidence collection, including hiring lawyers to help investigate.

Cao Weiping said: the execution resources of the people's court are limited. In view of this, the Henan Provincial High Court has implemented the lawyer's investigation order system, combining the court investigation and the lawyer's investigation, so as to improve the execution efficiency.

The enforcement of the investigation order system means that in the execution procedure, when the evidence of the property condition of the executed person can not be obtained due to objective reasons, the application executor may apply to the court to issue the enforcement investigation order, which is entrusted by the applicant.

objective

Cao Weiping said that the purpose of the system is to enable the application executor to have a comprehensive understanding of the property status and performance of the executors, including the basic situation of the executors, mainly the registration of industrial and commercial enterprises, and the situation of the property of the enlisted persons, mainly the registration of real estate, and the machine.