Legal basis for lawyers to apply for investigation orders

The legal basis mainly includes the Lawyers Law of People's Republic of China (PRC), Several Provisions of the Supreme People's Court on Evidence in Civil Procedure, the Civil Procedure Law of People's Republic of China (PRC) and other laws and regulations, which refers to the materials that lawyers need to carry out investigation and evidence collection.

The investigation scope of the lawyer's investigation order includes: requiring the relevant departments to issue the bank account number, archival materials and rights certificates of the parties or institutions. The lawyer's investigation order is a legally binding official document issued by the court to better ascertain the facts of the case and support lawyers to investigate the relevant situation of the case. Lawyers can ask relevant departments to issue bank account numbers, archival materials, rights certificates, etc. with an investigation order. The parties or institutions involved.

The investigation order applies to the following situations: first, investigate the property of the person subjected to execution, including real estate registration, motor vehicle registration, machinery and equipment registration, ship registration, intellectual property registration, equity registration, stock, bonds, funds and other valuable securities registration, demolition compensation and resettlement, etc.; Second, investigate the debtor's external creditor's rights; The third is to investigate other cases in which the person subjected to execution refuses to perform the court's judgment or ruling, such as violating the order restricting high consumption and falsely reporting property; Fourth, investigate other circumstances that can prove that the person subjected to execution has the ability to perform.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 35 of the Lawyers Law of People's Republic of China (PRC)

The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.