日本“唯一证据方法”对我国证据裁定的启示

Enlightenment of Japan only Evidence Approach to China

"唯一证据方法"仅存在于大陆法系国家的民事诉讼中,它是在日本判例中产生并逐步发展完善的理论,至今仍属于判例法范畴。从证据法原理上看,"唯一证据方法"是当事人的证据申请和法院的证据裁定之间的一种调适。作为证据采纳规则之一,其亦有例外之情形。日本"唯一证据方法"对于我国的证据裁定存在积极的借鉴意义。

The only evidence of approach remaining in civil proceedings of civil law countries. It is pro-duced and the gradual development of jurisprudence in Japan and become a sound theory,and Still belong to the category of case law. Judging from the principle of the law of evidence,the only evidence approach is an adaptive between applying the evidence of the parties and the court ruled that the evidence. As one of the rules of evidence adopted,and the circumstances in which there are exceptions. In the Chinese con-text, by reference the only evidence of approach,to provide a reference for the reform and improvement of China Civil Evidence System.