证明妨碍及其规制对策

The Obstruction of Evidence and Its Regulation

在民事诉讼实务中,由于民事行为的相互性,证明事实真相的证据由一方当事人或第三人加以控制的情形时有发生,从而使证据持有者基于自身利益的考虑,以作为或不作为的方式对证据的提出进行妨碍的行为层出不穷。此种行为严重违背了民事诉讼中的诚实信用原则和公平正义原则,侵害了他人的诉讼利益,应当予以规制。文章通过对民事诉讼中的证明妨碍问题进行理论分析,并提出相应的规制对策,如适用强制措施、推定主张成立、证明责任倒置等制度,试图有效减轻证明妨碍对诉讼的不利影响。

In the civil litigation practice, the evidence of truth is often provided by one party or controlled by the third person due to the mutuality of civil action. Therefore, there are a lot of inter- fernces to the evidence from the evidence holders based on their own interests, intendedly or unintend- edly. This kind of behavior has seriously violated the principle of honesty and the principle of fairness and justice in the civil litigation, the paper puts forward some regulatory countermeasures, such as the application of compulsory measures, presumed claims, and inverted burden of proof system, which can efficiently reduce the adverse effects in the problem of obstruction to testimony.