Public security organs need to apply for an investigation order to obtain evidence.

According to Article 17 of the Provisions of the Higher People's Court on Evidence in Civil Litigation, China applied to the People's Court for investigation and collection of evidence:

(1) The evidence applied for investigation and collection belongs to the family customs department and must be collected by the People's Court ex officio;

(2) Family secrets, business secrets and private materials;

(3) China was able to collect his own materials objectively. The Evidence Regulations gave him the right to apply for evidence from the hospital. In practice, he often encountered obstacles in applying for investigation and evidence collection from the hospital. First of all, the hospital examined whether the application for the matter complied with the law and determined whether he had the authority to investigate and collect evidence. The regulations on obtaining evidence by the hospital authority are vague and obviously meet the requirements, and the application is made with evasive attitude.

once the court ruled that there was no remedy, the current situation of less cases in the court allowed officials to investigate and collect evidence. At present, the investigation order can be used to sue China lawyers, but they have no right to obtain an investigation order, even if the relevant departments cooperate with the investigation order to collect evidence.

Article 68 of the Provisions of Higher People's Court on Evidence in Civil Litigation stipulates that taking evidence that infringes on the rights and interests or violates the prohibitive provisions of the law can be regarded as the factual basis of the case. It is said that providing an electric recording without consent did not infringe on the rights and interests and did not violate the prohibitive provisions of the law as evidence to provide evidence to the court.

The written evidence materials collected and collected by the public security organs from the relevant units must be signed by the provider and stamped with the seal of the unit; The written evidence materials collected and obtained by the public security organs from individuals must be signed or sealed by themselves after they are confirmed to be correct.

Obtain evidence materials from relevant units and individuals that can prove the criminal suspect's guilt or innocence, and take photos, video, copy and duplicate as needed. Evidence involving state secrets shall be kept strictly confidential.

article 51 of the regulations on procedures for handling criminal cases by public security organs? Public security organs must follow legal procedures. Collect all kinds of evidence that can prove the criminal suspect's guilt or innocence and the seriousness of the crime.

It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. We must ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, except in special circumstances, and they can be recruited to assist in the investigation.

article 52? When collecting and collecting evidence from relevant units and individuals, the public security organ shall inform them that they must provide evidence truthfully. Evidence involving state secrets and technical investigation measures to obtain criminal evidence should be kept secret. Anyone who forges, conceals or destroys evidence must be investigated by law.

article 53? When the public security organ obtains physical evidence from the relevant units and individuals, it shall be approved by the person in charge of the public security organ at or above the county level and issue a Notice on Obtaining Evidence. The transferred unit or individual shall affix his seal or signature on the notice, and the public security organ shall indicate it if he refuses to affix his seal or signature.

The written evidence materials collected and collected by the public security organs from the relevant units must be signed by the provider and stamped with the seal of the unit; The written evidence materials collected and obtained by the public security organs from individuals must be signed or sealed by themselves after they are confirmed to be correct.

Extended information:

Enforcement of investigation orders: In order to enhance the evidence-giving ability of the applicant executors, improve the efficiency of enforcement and maximize the legitimate rights and interests of the applicant executors, the Henan Provincial Court held a press conference on "Several Provisions on the Use of Investigation Orders in Enforcement Procedures (Trial)" and decided to implement the investigation order system in the courts of the whole province.

Cao Weiping, director of the Executive Board of the Higher People's Court of Henan Province, attended the press conference and answered reporters' questions on relevant issues. Yuan Hegang, director of the Education Department of the Provincial Court, presided over the press conference, and Liang Hongzhao, deputy director of the Executive Board of the Provincial Court, gave a detailed answer to the "investigation order".

Introduction: The so-called enforcement investigation order system means that when the required evidence about the property status of the person subjected to execution cannot be obtained due to objective reasons, the applicant for enforcement can apply to the court to issue an enforcement investigation order, and the attorney entrusted by the applicant will conduct an investigation to the relevant units and individuals to obtain relevant evidence.

No refusal: The unit shall not refuse to promote the implementation. According to the trial regulations issued by the provincial court, "the respondent shall provide the holder with the evidence specified in the investigation order within seven days from the date of receiving the investigation order". In this regard, the person in charge of the executive board of the provincial court further explained that "for the respondent, after receiving this order, he must provide the evidence he has and shall not refuse.

if you refuse without justifiable reasons, you should be punished as obstructing execution, and you will be fined, or even detained in serious cases. In other words, the lawyer is equivalent to obtaining the' Shangfang Sword' for investigation and evidence collection. .

promoting implementation: lawyers generally welcome the implementation of the investigation order system by courts in Henan province. In the past, lawyers' investigation power was different from that of judicial organs, and it was not mandatory, so it was difficult to become one of the "three mountains on lawyers" to investigate and collect evidence.

The implementation of the investigation order system in Henan Province not only shows the court's respect for the executor of the application, but also saves the enforcement resources of the people's courts and avoids judicial injustice. However, some lawyers believe that in the initial stage of the implementation of the investigation order, it is estimated that some units will still have some conflicts.

In this regard, the person in charge of the Executive Board of the Provincial Court said that, on the basis of trial implementation, the provincial court will work with relevant departments to further unblock the channels for the implementation of the investigation order.

Institutional significance:

1. It is conducive to improving the efficiency of implementation. The establishment of the investigation order system can enable the parties to provide more clues about the property of the person being executed, and enable the executors to devote more time and energy to other execution work, thus helping to improve the efficiency of execution work.

2. Implement the system of execution investigation order, so that the applicant executor can have a more comprehensive understanding of the performance ability of the executed person by investigating and collecting evidence of the property clues available for execution. When the people's court decides to suspend or terminate a case in which the person subjected to execution is temporarily unable to perform, there will be no misunderstanding, which is conducive to improving the credibility of the people's court.

legal basis: although the current legal system in China has no explicit provisions on the system of executing investigation orders, we can find the legal principle of establishing the system of executing investigation orders from the relevant legal provisions.

article 28 of the Supreme People's Court's "several provisions on the execution of work by people's courts (for trial implementation)" stipulates that the applicant for execution shall provide the people's court with information about the property status or clues of the person subjected to execution, and the person subjected to execution must truthfully report his property status to the people's court.

the people's court has the right to investigate the property status of the person subjected to execution, relevant organs, social organizations, enterprises, institutions or individual citizens. This provision contains three meanings:

1. It is the obligation of the executor to prove the property status of the executor. This requires the executor to investigate and collect evidence, including hiring a lawyer to help with the investigation;

2. The person subjected to execution has the obligation to declare his property status.

3. It is the people's court that has the obligation to find out the property status of the person subjected to execution. The execution investigation of the people's court may be based on the clues provided by the applicant executor and the application takes place, or it may be conducted on its own initiative.

organic combination: because lawyers' power of investigation is different from that of judicial organs, it is not mandatory, so the respondents often do not cooperate. Therefore, China law provides corresponding judicial relief measures, that is, when lawyers encounter "difficulties in investigation", they can provide clues to the people's court for investigation.

However, the people's courts have limited enforcement resources and heavy enforcement tasks, so the investigation and evidence collection of some cases often cannot be carried out in a timely, comprehensive and effective manner. In this case, it is necessary to combine lawyer investigation and court investigation organically according to the spirit of this provision, and create a system for executing investigation orders.

that is, the system in which the applicant executor cannot obtain the necessary evidence about the property status of the executed person due to objective reasons, and can apply to the court to issue an execution investigation order, and the applicant's attorney-in-law will hold a certificate to investigate the relevant units and individuals in order to obtain relevant evidence.

Accepting punishment: The investigation order is a normative legal document issued by the people's court, but it is not implemented by the executors of the people's court personally, but entrusted or authorized by the lawyers entrusted by the applicant, but it is still the investigation behavior of the court.

Therefore, for the respondents, after receiving this order, they must provide the evidence they have and cannot refuse. Once refused without justifiable reasons, it should be regarded as obstructing execution. The people's court may refer to Article 13 of the Civil Procedure Law of the People's Republic of China to deal with it.

Specific application: According to the Provisions on the Use of Investigation Orders in Execution Procedures (Trial) formulated by Henan Higher People's Court, the specific operation procedures for executing investigation orders are as follows:

1. Application. When it is difficult for the executor to investigate and collect clues about the property of the executor, he may apply in writing to the enforcement court for an investigation order. The applicant should be the executor of the case. When applying for an investigation order, the applicant must provide the following materials:

(1) An application for an investigation order. The application shall specify the identity of the applicant and the holder, the evidence collected by the application for investigation, the purpose and reasons.

(2) clues to apply for investigation of specific evidence, such as suspecting that a specific house belongs to the executor.

(3) the authority certificate of the entrusted agent and its legal and valid Lawyer's Practice Certificate.

2. review and distribution. The execution investigation order is a legal document issued by the people's court. In order to ensure the legal seriousness of the execution investigation order, the people's court must examine the application of the executor before issuing the execution investigation order.

after examination, it is considered that the evidence applied for investigation is indeed relevant to the facts of the execution case, and an execution investigation order can be issued. If it is found that the contents to be investigated involve state secrets, personal privacy, commercial secrets, and have nothing to do with the execution of the case.

or evidence (such as the bank deposit of the executed person, etc.) that must be investigated and collected by the executors of the people's court according to laws and regulations, an investigation order will not be issued. In this case, the people's court shall make a decision orally or in writing not to issue an execution investigation order.

3. obtaining evidence: after obtaining the investigation order issued by the people's court, the attorney entrusted by the executor becomes the so-called holder, and has the right to go to the person or unit designated by the investigation order to collect and investigate evidence with the investigation order. Before the investigation, the lawyer's card and the investigation order shall be submitted to the respondent for proofreading.

after obtaining the evidence needed to execute the case, the holder shall file or keep the investigation order with the investigator, and submit the evidence obtained from the investigation with the order to the execution court. If the holder fails to obtain evidence, it shall be within seven days from the expiration of the validity period specified in the investigation order.

Return the investigation order and the written explanation that the respondent can't provide evidence to the court and file it in the file. For the expired investigation order, the holder shall also return the investigation order to the enforcement court in time.

4. Reply: After checking that the holder's name and unit are correct, the respondent shall provide the holder with the evidence specified in the investigation order within the validity period. The respondent has the right to refuse to provide evidence that involves state secrets and other evidence that is not suitable for investigation by lawyers or that is not specified in the investigation order.

if the evidence cannot be provided within the validity period or there is no evidence, the respondent shall explain the reasons in the investigation order or in written form, which shall be signed and stamped by the person in charge of the handling department.

Baidu Encyclopedia: Execute the investigation order