构建我国民事诉讼意见证据规则的思考

On Constructing the Opinion Evidence Rule of Civil Litigation in China

意见证据规则无论是在理论还是在实践中,与传闻证据规则、非法证据排除规则等一样,都是证据法中一项重要的证据规则。通俗地讲,民事诉讼意见证据规则是指在民事诉讼中如何对待证人所提供的意见证据的一系列法律规则的总称。民事诉讼意见证据规则对于推进诉讼进程、实现诉讼目的具有深远的影响。意见证据规则的合理性已经被国外很多国家所认可,尤其在英美法系国家中更为突出。通过借鉴和参考两大法系的成熟经验,推动我国民事诉讼意见证据规则的发展,可以最终建立完善的具有中国特色的民事诉讼意见证据规则。

The opinion evidence rule, along with the hearsay rule and the rule of excluding illegal evidence, are important rules of evidence in the evidence law both in the sense of theory and practice. The opinion evidence rule in civil litigations refers to a series of legal rules of considering the witness＇ opinion evidence in civil litigations. The rationality of the opinion evidence rule has been widely accepted in many foreign countries, particularly in those of the Anglo-American legal family. By learning from the mature experience of the two legal families, the development of the opinion evidence rule of the civil litigation in China will be pro- moted greatly and the opinion evidence rule of the civil litigation with Chinese characteristics will be set up eventually.