民事诉讼中当事人举证困难的救济

Remedies for Evidence Production Difficulties of the Parties in Civil Litigations

当事人的举证困难不仅使当事人的合法权益不能得到有效地保护,也损害了法院的权威。当事人举证困难产生的原因在于我国目前民事诉讼证据制度设计上仍存在着诸如当事人收集证据的权能不足、司法机关调查存在缺陷以及司法技术运用未得到充分重视等弊端。针对上述问题,在民事诉讼中,可以通过增强当事人收集证据的能力、用公权力辅助当事人调查取证和司法技术的运用三种途径对当事人的举证困难进行救济。具体包括充实当事人收集证据的程序保障、保障证人出庭作证、私人侦探所的合法化、重视法院检察院的调查举证、适用举证责任倒置经验法则和证明标准的降低等举措。

The difficulties of evidence production will not only lead to insufficient protection of the lawful fights of the parties, but also jeopardize the dignity of courts. The problem is caused by the detriments in the current evidence system of civil litigation such as the weak power and right of evidence collection for the parties, flawed investigation by judicial authorities, lack of attention to the application of judicial technology, etc. There are three approaches through which the evidence production difficulties of the parties can be remedied such as enhancement of the evidence collecting power of the parties, provision of assistances for the parties in their investigation and obtaining of evidences by the usage of public powers and the application of judicial technology. Concrete measures can include the substantiation of procedural guarantee for the collection of evidences by the parties, the protection of witnesses for their appearance in the courts, the legalization of the private detective offices, giving emphasis on the investigation and evidence collection by the courts and procurator, the application of the inversion of burden of proof and the reduction of the standard of proof, etc.