Legal basis: If Article 17 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings meets one of the following conditions, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence:
(1) The evidence collected in the application investigation belongs to the archival materials kept by the relevant state departments, and the people's court needs to obtain it according to its functions and powers;
(two) materials involving state secrets, commercial secrets and personal privacy;
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons. The Evidence Regulations endow the parties with 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 decided by the court, the parties have no other remedy.