中国古代民事证据法的特点考论

The Features of Civil Evidence Law in Ancient China

中国古代民事证据法的形式主要体现为判例及司法官员的论述,现代证据法中的多数证据方法在当时都已出现,书证和人证是民事证据中最重要的两种。民事证据的审查与判断的方法也较合理。与刑事证据法相比,民事证据法存在着立法简单,证据受重视程度不足等特点,这也反映了民事诉讼本身不受重视的状况。

In ancient China, the civil evidence law was mainly embodied in the form of case and the exposition of the judicial magistrates, which gave sources to most of the evidence methods in modern evidence law. Evidence was emphasized to a degree in investigation. Written evidence and witness were two forms most important in civil evidence, and the investigation methods and judgment methods were also rational. Compared with criminal evidence law, civil evidence law presented the features of legislation simplicity and slight negligence of evidence, which showed the neglected state of civil action itself.