论民事证据制度的缺陷及立法完善

On the Defect of the Civil Evidence System and its Legislative Consummation

证据制度是诉讼制度的核心部分。法治化建设的进程,推动了我国有关证据制度的立法及发展,但其仍有缺陷及需要完善之处。《证据规定》中存在缺乏固定争点及固定证据制度、证人出庭作证制度不完善、有关证据规则不完善、预决事实规定笼统、司法机关的“证据突袭”等存在诸多缺陷,应当完善举证期限制度,增加拒证权及传闻证据排除规则,完善证据排除规则,细化预决事实以及增加法官的中立性,防止司法突袭。

Evidence system is the core of action system. The processing of the rule of law promotes the legislation and development of our state evidence system. But there are some wants and needs to consummation. Due to the want of the rule of evidence, for example, lacking filled debate and fixed evidence system, imperfect rules for a witness appering in court, the general preliminary face, the existence of surprised evidence of judicature, this article tends to consummate the term of adduce evidence increase and the right to refuse to witness and the rule of hearsay evidence, consummate the rule of illegal evidence, detail the preliminary fact, increase the independence of judge and avoid the surprised evidence of judicature.