[Direct answer]In the Beijing area, a lawyer's investigation order is a legal document issued by the people's court in civil litigation at the request of the parties or their litigation agents, authorizing the lawyer to investigate and collect specific evidence from relevant units. It is not an inherent right of lawyers, but an extension of the court's right to investigate and collect evidence. According to Article 67 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the people's court shall investigate and collect evidence that the parties and their litigation agents cannot collect on their own due to objective reasons. Article 20 of the Supreme People's Court's Several Provisions on Evidence in Civil Litigation (amended in 2019 and implemented on May 1, 2020) further stipulates that the parties and their litigation agents shall submit a written application for investigation and collection of evidence before the expiration of the period for providing evidence. In practice, the court may issue an investigation order for eligible applications, and lawyers may use the order to retrieve evidence from units such as banks, real estate registration agencies, market supervision departments, and online service providers. Therefore, if the conditions are met and approved by the court, it is possible to query bank account transactions; WeChat chat records and Tenpay account information. These usually need to be retrieved through the court or in accordance with the investigation order from online service providers, with stricter procedures and requirements. The investigation order is only for use by the litigation agents in the scope of authorization and may not be used for other purposes.

I. Problem background and typical scenarios

In cases such as divorce, inheritance, contracts, and private lending, key evidence is often held by the other party or third parties: bank transaction records can reflect the flow of funds and the transfer of property, and WeChat chat records can prove the borrowing, promises, reconciliations, or agreements on the transfer of property. When parties go to banks or online service providers to inquire on their own, they are usually denied due to concerns about account privacy and personal information protection. In such cases, evidence must be obtained through the investigation order system. Common problems in practice include: applications for investigation orders that are too broad in scope and are rejected; unclear investigation targets, such as simply requesting to query all bank accounts under the defendant's name; the person holding the order not being the attorney of record for the case or exceeding the scope of authorization; and failing to submit or use the obtained evidence in accordance with regulations. When handling such cases, courts have corresponding normative requirements for the issuance and use of investigation orders, and parties and lawyers should apply and execute them in accordance with the rules. Understanding the application conditions and operational key points can help improve the efficiency of evidence collection.

II. Key points of dispute

First, the nature and legal basis of the investigation order, and its distinction from investigations conducted by the court ex officio. Second, the application conditions, that is, whether the evidence belongs to objective reasons that cannot be collected by oneself. Third, the requirements for the clarity of the scope of investigation and the objects of investigation. Fourth, the retrieval process and restrictions of electronic data such as bank transaction records and WeChat records. Fifth, the scope of use of the investigation order, the obligation of confidentiality, and the consequences of its unlawful use.

III. Professional analysis by Henglue Lawyers

Lawyer Henglue believes that whether an investigation order can be issued depends on three judgments: necessity, clarity, and relevance. Necessity requires that the parties and their agents are objectively unable to collect the evidence themselves, such as when banks refuse to provide information on the grounds of protecting client privacy. If the evidence can be obtained through public channels or by the parties themselves, the court will generally not issue an order. Clarity requires that the application clearly state the investigation object, the period of inquiry, and the specific items and purposes, such as querying the transaction details of a certain account in a certain bank from a certain month to a certain month. Vague descriptions are likely to be rejected. Relevance requires that the investigation items be directly related to the facts to be proven, avoiding a broad-based approach to evidence collection. Regarding electronic data, Article 14 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (amended in 2019 and implemented on May 1, 2020) lists communication information from online applications such as mobile text messages and instant messaging as electronic data, and Article 94 stipulates the rules for reviewing and presuming the authenticity of electronic data. When retrieving WeChat chat records, it is usually necessary to provide clear account information and a time range, and to follow the compliant procedures of the online service provider. Two points need to be particularly noted: first, the investigation order is issued by the court, and lawyers conducting investigations with the order are assisting in fulfilling the court's investigative function and must not exceed their authorization or use it for purposes unrelated to the case; second, bank transaction records and chat records involve others' personal information and privacy, and obtaining them should be kept confidential according to law and used only for litigation in the current case. Based on the experience of our team in handling evidence investigation and enforcement cases, successful applications for investigation orders are often completed at the litigation filing stage, with a precise description of the investigation object and items in the application. Whether the order can be issued and the evidence can be retrieved depends on the specific circumstances of the case, the court's requirements, and current effective laws and regulations.

IV. Practical suggestions and legal basis

Action list: First, sort out the facts to be verified and the evidence needed, and clarify the accounts, account numbers, and time ranges to be queried; Second, prepare an application letter, stating that the evidence is in the possession of the other party or a third party and that it is objectively impossible for the applicant to obtain it; Third, submit the application to the accepting court, first completing the full agency procedures and providing a lawyer's practice certificate; Fourth, hold the warrant to investigate specific units within the authorized scope, and keep the investigation receipts and obtained materials throughout the process; Fifth, submit the evidence to the court in accordance with the rules and strictly abide by the obligation of confidentiality. For evidence investigation and enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesLegal basis: Article 67 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), Articles 14, 20, and 94 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" (amended in 2019 and implemented on May 1, 2020), and the relevant provisions of the Personal Information Protection Law of the People's Republic of China (implemented on November 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, an investigation order is not an inherent right of a lawyer, and it must be issued by the court and be based on the premise that it is objectively impossible to collect the evidence by oneself. Secondly, the application should clearly specify the investigation objects and matters. A general description is likely to be rejected. Thirdly, bank transaction records can be legally queried, but WeChat records and account information need to be retrieved through specific compliance procedures. Fourthly, the investigation carried out with the order should be within the scope of authorization, and the obtained materials are only for use in this case, with strict confidentiality obligations. For matters involving evidence investigation and enforcement, it can be done throughCreditor's rights and debts, and enforcementWe provide a comprehensive solution for services, which can be applied to corporate and commercial disputesBusiness and contract disputes in enterprisesAndSpecial services.

VI. Frequently Asked Questions

Q1: What is the difference between an investigation order and a court-initiated investigation?

The court's investigation is conducted by judges or court staff on its own initiative, and it belongs to the court's own collection of evidence. The investigation order is issued by the court and carried out by the attorney in the case. The two have different conditions for initiation, different subjects of implementation, and different forms of documents, and they cannot replace each other.

Q2: What are the requirements for applying for a search warrant?

Generally, the evidence must be in the possession of the other party or a third party, and the parties and their agents are objectively unable to collect it themselves. At the same time, the investigation objects, matters, and the facts to be proved must be clearly related, and a written application must be submitted to the people's court before the expiration of the period for providing evidence, explaining the necessity of obtaining evidence.

Q3: Can you check all the bank accounts under the other party's name?

Usually, it is necessary to provide specific account information, or apply for a query of the transaction details of a specific bank for a specific period, and explain the connection with the facts to be verified. It is generally difficult to obtain the court's permission for a general application to query all the accounts under the other party's name.

Q4: How to retrieve WeChat chat records and Cai Paimai transaction records?

It is necessary to specify the WeChat ID, the bound mobile phone number, and the time range. The data shall be obtained from the network service provider in accordance with the law through the court or an investigation order. The network service provider has its own compliance procedures and requirements. After obtaining the data, the user shall keep the retrieval certificates and the original carriers intact.

Q5: Can the evidence obtained through an investigation order be disclosed to the public?

No. The evidence obtained through the investigation order involves other people's personal information and privacy, which should be kept confidential according to law and used only for litigation in this case. It shall not be disclosed to the public or used for other purposes. Anyone who uses it illegally may bear corresponding legal responsibilities.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.