Article 47 of new Rules of Evidence in Civil Proceedings refines the scope of order for the production of documents, with a view to discover the truth of the case and to pursue substantial equality. However, the absence of restrictive regulations, with state secrets, trade secrets and personal privacy explicitly included in the adjustment scope of the system directly result in the generalized application, infringing on citizens and their particularly cherished laws, triggering irrational conflicts of interest and value imbalances. To avoid such adverse consequence, it is advisable to stipulate the necessary exclusions and appropriately narrow the scope of application before insisting on the general application of order for the production of documents, and supplement it with the strictly restricted trial in camera to find out the existence of the exclusions, so as to seek the value balance between truth discovering and interest conflicting.
冯玉婷. 书证提出命令制度的泛化适用与价值平衡——兼评新《民事证据规定》第47条[J]. 浙江工商大学学报, 2021, 35(5): 127-139.
FENG Yuting. Generalization of Order for Production of Documents and Its Value Balance: Also on the Article 47 of New Rules of Evidence in Civil Proceedings. Journal of Zhejing Gongshang University, 2021, 35(5): 127-139.