我国古代司法官民事证据适用规则研究

Study of ancient prosecutois' applicable rules of civil evidence

司法实践中,司法官必须遵循一定的证据规则才能相对客观、公正的审理案件。民事证据适用规则在中国古代是既显又臆的。大致适用"交易有争,止凭契约"民事证据基本规则,"出簿籍相质证"规则,"众辞相质证"规则。如无"实在凭据"则"作罢"论,其间经过了讯问、质证、验明、判断、审结等司法过程。

In judicial practice, the prosecutors must follow certain rules of evidence to relatively objectively and impartially hear cases. The applicable rules of civil evidence in ancient China were implicit rather than explicit. It broadly apphed the basic rules of civil evidence that ＂dispute of transaction ended by their contract＂, ＂cross -examination by the books＂ and ＂cross-examination by the witnesses＂. If there was no ＂real evidence＂, then ＂gave up＂, after the judicial processes of questioning, cross -exarrfination, verifying, judging and concluding.