台湾地区民事证据保全制度改革及其借鉴意义

On Commentating the System Reformation of Perpetuating Civil Testimony in Taiwan Region

为了彻底改造所移植外国法,更新传统诉讼观念,解决诉讼拖延、效率低下和诉讼成本高昂问题,我国台湾地区于20世纪末、21世纪初就证据保全制度从立法理念到具体内容进行了重大变革。新证据保全制度所蕴含的保障程序主体权、扩大诉讼解决纠纷能力、疏减讼源及预防纠纷发生的理念,以及为贯彻该等理念在设置具体制度时,扩大证据保全范围、规定并引导当事人于证据保全程序中达成协议和严格证据保全的程序保障的做法,对大陆证据保全制度的改革具有借鉴作用。

To completely transform the transplanted foreign law and to update the traditional concept of litigation and to resolve the litigation delays, inefficiencies and high cost of litigation, in the 20th century and the early 21st century, Taiwan had a great change of perpetuating civil testimony system, which was from the legislative concept to the specific content. The new system which contains the concept of safeguarding procedural corpus＇ right and expanding the capacity of litigation to resolve disputes and dredging and reducing and preserving litigation dispute, and in the time of implementing these ideas in a specific system, the practices of expanding the scope of the perpetuating civil testimony, of provisions and guide clients to reach agreement in perpetuating testimony and of strictness procedural safeguards in the perpetuating testimony, will play a good role in the reforming perpetuating civil testimony system on the mainland of China.