202 1 After the function of lawyer service platform is upgraded,
Start the function of "electronic investigation order"
Let the lawyer complete the application without leaving home.
So, what is an investigation order?
How to apply for an investigation order online
Let's experience it now ~ ~
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1. Open a computer browser and search for the website of "Shanghai Court Litigation Service Network" or directly enter the website of "Shanghai Court Litigation Service Network" (see above). After the lawyer chooses his identity, click the Login button in the upper right corner to log in and enter the lawyer platform.
2. After logging in to the lawyer platform, click to enter "Investigation and Evidence Collection".
3. Select the case number or online filing number that needs to apply for the investigation order, and click View to enter. Click "Add", read the "Instructions for Applying for an Investigation Order", click whether you agree to the above terms, and then click "Next".
Swipe up and down to see the picture.
4. Fill in the application information. Part of the application information will be automatically captured by the system, and the lawyer needs to fill in the name of the investigator/unit assisting in the investigation, the contents of the evidence to be investigated and collected, etc.
5. Upload materials. The application form and lawyer's practice certificate need to be uploaded by lawyers; Indictment, power of attorney and evidence materials can be selected by clicking "Material Selection"; If not, please click Upload. Click OK to submit after the operation is completed, and wait for the judges to review.
6. Check the progress. Click "View" on the "Investigation and Evidence Collection" page to view the review or approval progress of the investigation order application of this case number or online filing number.
movable terminal
1. Lawyer searches for the official account of "Shanghai Court 12368" on WeChat and enters "Litigation Service-Lawyer-Investigation Order".
2. Enter the "Investigation Order", select the case number or online filing number that needs to apply for an investigation order, and click "Add".
3. After reading the "Notes on Application for Investigation Order", click whether to agree with the above terms, and then click "Next".
4. Fill in the applicant information. Lawyers need to fill in information that is not captured by the system, such as "mobile phone number" and "contact address". The system will capture some information, such as case number, applicant, holder, full name of law firm and lawyer license number.
5. Fill in the application survey information. After selecting the client, the lawyer needs to fill in the name of the investigator/unit assisting in the investigation, the contents of the evidence to be investigated and collected, etc.
6. Upload materials. The application form and lawyer's practice certificate need to be uploaded by lawyers; Indictment, power of attorney and evidence materials can be selected by clicking "Material Pull"; If not, you can click Upload. After the operation is completed, click OK to submit and wait for the judges to review.
1. What is an investigation order?
An investigation order refers to a legal document issued by the people's court to the agent of the party concerned to collect evidence from the relevant units and individuals after the party concerned cannot obtain the evidence he needs for objective reasons in civil litigation. The Shanghai Higher People's Court has successively promulgated the Detailed Rules for the Implementation of the Investigation Order of the Shanghai Court, the Operating Rules for the Application of the Investigation Order in the Case-filing Review Stage (Trial) and Several Provisions on the Use of the Investigation Order in the Execution Procedure (Trial) to promote the application of the investigation order system in the case-filing, litigation and execution procedures.
2. What evidence can a lawyer investigate with an investigation order?
In the stage of filing a case for review, the scope of applying for an investigation order is limited to the procedural evidence of whether the court can file a case, which mainly includes:
(1) Evidence to prove the qualification of the parties, such as the relocation agreement with the relevant departments, the public housing registration certificate and other evidence;
(2) Evidence to prove that the court has jurisdiction over disputes involving litigation, such as evidence that the plaintiff claims that the defendant often lives in a certain district, but has not applied for a residence permit at the police station, and needs to investigate the living conditions with the property management company, village (neighborhood) committee and sub-district office;
(three) other evidence that needs to be ordered to investigate.
If the evidence collected by the parties applying for an investigation order involves substantive issues, the filing judge shall inform them to apply to the relevant court.
In the implementation stage, the investigation order is applicable to the investigation and evidence collection of whether the person subjected to execution has the actual performance ability, including:
(1) Basic information of the person subjected to execution;
(2) the property of the person subjected to execution;
(3) Whether the person subjected to execution has the creditor's rights against the third party and the property of the third party;
(4) Other circumstances that can prove whether the person subjected to execution has actual performance ability. However, laws and regulations clearly stipulate the evidence that people's court executives must investigate and collect.
It is worth noting that the forms of evidence collected by the investigation order are limited to documentary evidence such as archival materials, certificates of rights, e-books, letters and telegrams; Witness testimony and other forms of evidence shall not be included.
3. What are the conditions for applying for an investigation order?
(1) The applicant must be a party or an agent ad litem entrusted by a case that is being put on file for review or has been put on file for acceptance;
(two) the applicant shall submit an application to the people's court, stating the evidence to be collected and the facts to be proved, as well as the reasons for not being able to obtain the above evidence;
(3) The holder is the agent ad litem of the parties to this case, limited to lawyers who have obtained valid lawyer practice certificates.
4. Under what circumstances did the court refuse to issue an investigation order?
(1) involves state secrets;
(2) Involving personal privacy;
(3) Evidence collected should not be investigated by agents ad litem according to the investigation order;
(4) Evidence that has not been disclosed for other reasons.
The parties to the above-mentioned cases shall submit evidence clues to the accepting court, and the judge shall investigate and collect relevant evidence according to law after examination.
5. What are the precautions for lawyers to hold investigation orders?
(1) When collecting investigation evidence, the holder shall take the initiative to show the identity certificate and investigation order to the investigated person;
(2) The obligee should use the investigation order correctly to ensure that the evidence collected in the investigation is true and complete;
(three) the applicant and the holder shall be responsible for the confidentiality of the relevant information obtained in the warrant investigation.
6. Can the respondent refuse to provide relevant evidence?
After checking that the name and unit of the holder are correct, the respondent shall provide the holder with the evidence specified in the investigation order within the validity period. If no evidence can be provided within the validity period or no evidence can be provided, the reasons shall be explained in the power of attorney or in other written forms, and shall be signed and sealed by the person in charge of the case handling department. The person under investigation has the right to refuse to provide evidence involving state secrets or beyond the investigation contents stipulated in the investigation order.
Zhao ping
Senior Partner of Beijing Jincheng Tongda (Shanghai) Law Firm
Member of the Administrative Reconsideration Committee of Shanghai Municipal Government
Special Inspector of Shanghai High Court
The function of "electronic investigation order" eliminates the pain of the parties and agents running back and forth, which is the embodiment of judicial convenience, makes the means of obtaining evidence by the parties and agents more convenient and efficient, and is also of great significance to the judge's judgment according to law and the fair administration of justice by the court.
For the promotion of this work in the future, I have a suggestion, that is, smooth communication channels during the review process, that is, leave contact information when lawyers submit applications. If the judge finds problems in the process of review, he can contact the lawyer in time to understand the specific situation and remind him to supplement and improve it, so as to speed up the process of reviewing and passing the investigation order and further improve the application rate of the investigation order.
Geng Haitao
Intern lawyer of Shanghai Novell Law Firm
Two weeks ago, because of a case, I needed to go to the house demolition center to investigate the property clues of the executed person, so I applied to the Shanghai court for an electronic investigation order.