An investigation order refers to a legal document issued by the court to the attorney of the party concerned to collect the required evidence from the relevant units and individuals after the party concerned is unable to obtain the required evidence for objective reasons in civil litigation and is approved by the people's court.
The investigation of criminal cases has a certain time limit, generally not exceeding 2 months. The public security organ shall investigate the criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime.
The applicant must be a party to a case that has been accepted by our court or an agent ad litem entrusted by it; "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" Article 20 When a party and his agent ad litem apply to a people's court for investigation and collection of evidence, they shall submit a written application before the expiration of the time limit for adducing evidence.
The application shall contain the basic information such as the name of the person under investigation, the name of the unit and the address, the name or content of the evidence to be investigated and collected, the reasons why the people's court needs to investigate and collect the evidence, the facts to be proved and clear clues.
Legal basis:
Article 17 of the Provisions of the Supreme People's Court on Evidence in Civil Litigation 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. 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.