论证明妨害的构成要件及其规制

On The Constructive Conditions and Restrictions of the Spoliation of Evidence

在民事诉讼实务中,一方当事人或第三人妨害对方当事人举证证明其事实主张的行为时有发生,此种行为严重违背了诚实信用原则和诉讼平等原则,侵害了他人的诉讼利益,此即证明妨害行为。为保证在实践中保障当事人调查收集证据,法院正确认定案件事实,促进诉讼程序公平、正义、高效的实现,对于证明妨害行为应当予以规制。

In the practice of civil suit, the behavior that a party or a third party hinders the opposing party from proving his proposition sometimes occurs. It has seriously violated the principles of good-faith and suit equality, and damaged other people＇s suit benefit, and it is called the spoliation of evidence. In order to protect the parties to investigate and collect the evidences, the court should recognize the facts of the case correctly, and promote to achieve a fair, just and efficient legal procedure, and the behavior of the spoliation of evidence should be restricted.