Recently, Wuhan Intermediate People's Court plans to try new measures in its IP tribunal, according to which, the court can issue investigation orders to lawyers to authorize them the right to investigate to some extent.
Investigation order is a kind of document issued by the court to a lawyer at application when the people involved in a civil case cannot obtain related evidences. The lawyer can use the investigation order to collect evidences from related units and individuals. With the investigation order, a lawyer is authorized to investigate related evidences such as the forms of decision for administrative penalty, investigation records, records of inquest, samples charged of infringing rights and other evidences that the people involved cannot collect independently because of objective reasons in units like banks, administrations for industry and commerce and securities companies.
Investigation order should be applied and used under rigid conditions. To apply an investigation order, a lawyer should write down the application reasons. In order to avoid lawyer abusing the system, every investigation order should include the investigation contents, the name of the lawyer using the order, the name of the law firm the lawyer belongs to, and the expiration date. As the investigation order represents the court and judicial authority, no individual or unit can decline with malfeasance excuses. The courts have the right to punish the heads of those units that maliciously refuse to provide evidences.
The measure is being carried out in some cities such as Shanghai and Shenzhen. Wuhan has completed its pre-stage researches and is communicating with related administrative law-enforcement departments to issue implementation rules at proper time.