证据审查机制初探

A Tentative Study on the Mechanism of Evidence Examination

近年来学界对于证据规则的研究已经相当深入,对于证据审查的相关机制却疏于关注。证据审查包括证据筛选和证据评价两个相对独立的环节。英美法系国家证据审查的"分离模式"与大陆法系国家证据审查的"融合模式"各有优劣。我国证据审查模式选择的基本思路是将证据筛选和证据评价适度分离、对证据筛选活动进行诉讼化改造以及完善证据评价机制。

Compared with the study on evidence rules, the mechanism of evidence examination arouses less concern by scholars. Evidence examination can be divided into two stages of evidence screening and evidence evaluating. As for the mechanism of evidence examination, both the separation mode in the Common Law System and the integral mode in the Civil Law System have their own merits and defects. The ideal choice for our country is to adopt moderate separation mode of evidence screening and evidence evaluating, to introduce litigation mechanism for evidence screening and to perfect the mechanism of evidence evaluating.