Legal analysis
The plaintiff who brings a civil lawsuit must state the basic information such as the name (including alias), gender, occupation, age or date of birth, native place, current address, work unit and contact information of the plaintiff and defendant in the complaint. It would be better if the defendant's ID number can be increased, because detailed information description will not only help the trial of the case, but also help the people's court to serve the legal documents to the defendant as soon as possible and successfully complete the proceedings within the statutory time limit. According to the relevant laws and regulations, 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. The court examines whether the application of the parties is in compliance with the law to determine whether it has the right to investigate and collect evidence. 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 decided by the court, the parties have no other 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.
legal ground
Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC). Article 36 is renumbered as Article 37 and Article 38 and amended as: "Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. " If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate and a power of attorney or a letter of legal aid to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. "In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers shall obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance. " When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. The provisions of paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants under surveillance. Article 38 From the date when the people's procuratorate examines and prosecutes a case, defense lawyers may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. "
Article 209 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC). If the information provided by the plaintiff, such as the name and address of the defendant, is specific and clear enough to distinguish the defendant from others, it can be determined that there is a clear defendant. If the defendant's information listed in the indictment is insufficient to identify the defendant clearly, the people's court may inform the plaintiff to make corrections. If the plaintiff is still unable to determine the defendant after making corrections, the people's court shall rule that it will not be accepted.