论民事诉讼中的陷阱取证

On The Entrapped Evidence Collection In Civil Procedure

陷阱取证在维护权利人的合法权益上起着非常重要的作用,但也会引起被滥用的危险,因此应加以必要的限制。为了更好地规范当事人对陷阱证据的使用以及平衡民事证据法发现真实、解决纠纷等目的之间的关系,有必要建构系统完备、运行有效的制度体系。从立法路径看,要明确界定陷阱证据的定义和表现形式、限定陷阱证据的适用范围、设立补强证据规则并完善当事人取证保障措施;从司法路径看,要合理规范法官自由裁量权、统一法官裁判标准并设立证据排除的异议程序。

The entrapped evidence collection plays a very important role in protecting the legitimate rights of obligee,But it can also lead to the risk of abuse. So,it should be made with some necessary restrictions. In order to better regulate the use of the entrapped evidence of the parties and balance the relationship between purposes like discovering the truths and resolving disputes through the Civil Evidence act,it is necessary to establish a institutional system with complete system and effective operation. Judging from the legislative route,it should clearly defines the definition and form of the entrapped evidence,restricting the application range of the entrapped evidence,establishing the rule of corroborative evidence and completing safeguard measures for parties ＇ evidence collection; Judging from judicial route,it should rationally regulate judge＇s discretionary power,unifying judge＇s judgment standard and setting up the objection procedure of evidence excluding.