Legal analysis
According to the relevant laws, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence. The evidence collected in the application investigation belongs to the archival materials kept by the relevant state departments and transferred by the people's court according to the requirements of its functions and powers. Materials involving state secrets, business secrets and personal privacy. The parties and their agents ad litem cannot collect materials by themselves for objective reasons. The parties have the right to apply to the court for evidence collection, but in practice, the parties often encounter many obstacles when applying to the court for investigation and evidence collection. First of all, the court examines whether the application of the parties meets the legal requirements, so as to decide whether to investigate and collect evidence ex officio. In the rules of evidence, the provisions on the court's authority to obtain evidence are vague, and people who are obviously not qualified take a evasive attitude. Once the application is ruled by the court, the parties have no remedy. Secondly, the current situation of "too many cases" in the court does not allow judges to have more time to investigate and collect evidence, and choose the way to issue an investigation order to the applicant. But at present, the investigation order can only be held by the litigation agent, and the parties have no right to obtain the investigation order. Even with an investigation order, the relevant departments will not cooperate with evidence collection. How to retrieve the identity information of the defendant and apply to the court for retrieval after filing the case. After filing the case, if you inquire in person, you need the court to issue a letter of investigation and evidence collection. If it is necessary for filing a case, it needs to be searched before filing a case. It is recommended to entrust a lawyer to retrieve it. In the indictment, the plaintiff needs to provide the identity information of the defendant to identify the defendant, and the court needs to send a subpoena and other documents and contact the other party. If there are relevant clues, the plaintiff may entrust a lawyer to the police station for retrieval. If you really don't know the identity information of the defendant, but know the contact information, you can contact him. The court will usually file a complaint to see if it can be mediated, and then notify the other party to provide it. The court won't take it by itself. When the people's court wants to obtain evidence, whether it is to obtain evidence ex officio or at the request of the parties, it must obtain evidence within the legal scope and follow legal procedures. When obtaining defendant information in court proceedings, it is a complicated procedure to protect rights without protecting personal information. Therefore, the court has no obligation to cooperate with the plaintiff in investigating the defendant's personal information, and the plaintiff has an obligation to provide it himself.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 138 The court investigation shall be conducted in the following order: (1) Statements by the parties; (2) Inform witnesses of their rights and obligations, witness to testify, and read out the testimony of witnesses who did not appear in court; (three) to produce documentary evidence, material evidence, audio-visual materials and electronic data; (4) Reading out the appraisal opinions; (5) Reading the record of the inquest.
Article 139 A party may present new evidence in court. With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors. If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.