证据共通原则比较研究

Comparison of Principle of Common Evidence

证据共通原则是指诉讼中某一当事人提出的证据,能够通用于其他当事人,从而使诸当事人对该证据所要证明的事实达成相一致的认定。证据共通原则发生于同一个诉讼中具有相同事实基础的证据的效果认定上,它具有独特的适用范围而不同于其他诉讼中的共通性理论。证据共通原则建立在自由心证主义之上,但在具体适用中,尤其是普通共同诉讼中,仍要注意对当事人程序利益的维护,从而实现证据共通原则中实体价值与程序价值的协调。

Principle of common evidence means that the evidence provided by one of clients in the action is bound to other parties generally, so that all the parties are consistent to the fact behind such evidence. Principle of common evidence occurs in the result of evidence which has the same factual foundation during the same action so it has a unique applicable scope, and it is different from other similar convergence theory. Principle of common evidence establishes on the foundation of discretional eval- uation of evidence, but in concrete application, especially in general co-litigation, we should pay attention to the procedure ben- efits of the parties, so as to keep the harmony between the entity value and the procedure value in the mechanism of Principle of common evidence.