证据契约制度与我国的适用环境

Evidence Deed System and the Applicable Circumstances in China

证据契约是平等的当事人之间就诉讼中的事实确定方法缔结的旨在产生诉讼法上效果的合意,属于纯粹的诉讼行为。由于我国公民权利观念淡薄与民事诉讼的职权主义模式,我国尚不具备建立证据契约制度的条件。但“和为贵”的传统思想与法官职权探知仍对建立证据契约制度有利。

Evidence Deed, refers to the agreement of litigious truths＇ proving method, in order to make procedural effects, which is established by equal parties and is a pure procedural behavior. Because of Chinese citizen＇ s inactive right sense and civil litigation is Authority Orientation, the condition to found Evidence Deed system does not exist. But the traditional idea of ＂Harmonious Is Precious＂ and judge＇s authority of inquiry are beneficial to found Evidence Deed system.