证据开示制度比较研究──兼评我国民事审判实践中的证据开示

Comparative Study on Evidence Discovery ──Evaluation on Evidence Discovery in the Civil Judicial Practice in China

证据开示制度１９世纪始于英国，此后，受到各国重视。各国的证据开示制度都有各自的发展和完善历程。在具体的证据开示范围、方法及限制、制裁等方面也有所不同。我国在审判方式改革中，部分地区试行了庭前证据交换，但也存在不少问题，且有关诉讼体制、法制环境、诉讼观念等运行环境问题，尤其值得深思和研究。

Evidence discovery system started in the 19th century in Britain and has drawn much attention in the world ever since. The evidence discovery system in different countries has undergone a process of development and perfection in different ways. As to concrete evidence discovery, there are differences in the aspects such as scope, method, limitation, and punishment. In the reformation of trial way in China, pre - trial exchange of evidence has been tried out in some areas. However, there are some problems. The issues of operating circumstances concerning action system, circumstances of legality, perception of action worth pounding and studying.