After filing a case, the court shall submit an application for investigation and evidence collection to the presiding judge.
The parties in civil litigation bear the burden of proof, bring a lawsuit or respond to the lawsuit in the people's court, put forward their own claims, and submit evidence to prove their claims to the people's court at the same time. However, if it is really difficult or impossible for the parties to obtain some evidence, they must apply to the people's court for investigation and evidence collection.
Under any of the following circumstances, 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 relevant state departments and must be the archival materials obtained by the people's court ex officio;
(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.
In a word, dealing with litigation is a complicated process, and dealing with legal affairs is also a professional activity with strong theory and technology. Practice has proved that handling legal affairs by lawyers with certain legal knowledge and work experience can not only prevent legal disputes, but also better solve legal disputes, avoid or reduce economic losses to the maximum extent, and effectively protect the legitimate rights and interests of citizens and legal persons.
Legal basis:
Article 114 of the Civil Procedure Law of People's Republic of China (PRC) * * * If a unit that has the obligation to assist in the investigation and execution commits one of the following acts, the people's court shall order it to perform its obligation of assistance and may concurrently impose a fine:
(a) the relevant units refused or hindered the people's court to investigate and collect evidence;
(two) after receiving the notice of the people's court for assistance in execution, the relevant units refused to assist in inquiring, sealing up, freezing, transferring or changing the property;
(3) After receiving the notice from the people's court for assistance in execution, the relevant unit refuses to assist in detaining the income of the person subjected to execution, handling the transfer procedures of relevant property rights certificates, and handing over relevant tickets or other property;
(four) other refused to assist in the implementation. The people's court may impose a fine on a unit that commits one of the acts listed in the preceding paragraph; Those who still fail to perform the obligation of assistance may be detained; And may put forward judicial suggestions for disciplinary action to the supervisory organ or the relevant authorities.