论行政证据向民事证据的转化

The Transformation Between Civil Evidence and Administrative Evidence

《刑事诉讼法》对行政证据向刑事证据转化已作出专门规定,而《民事诉讼法》及其司法解释、《民诉证据规定》中都没有有关其他类型证据向民事证据转化的规定,这是立法上的缺失。司法实践中行政证据向民事证据转化是现实的需要,在环境污染、食品药品安全、民事公益诉讼等类型案件中不仅能解决举证困难、保障当事人诉权,还能节约诉讼成本、提高诉讼效率。这两类证据之间的转化,有相关理论基础,但还需在立法上进行完善,制定具体的证据转化规则。

Code of criminal procedure law has required the transformation between administrative evidence and criminal evidence. However, the civil procedure law and its judicial interpretation and the civilian evidence rules haven＇t required the transformation between civil evidence and other evidence. This is a disadvantage of our country＇s civil procedure law. But in judicial practice, the administrative evidence＇s being translated into civil evidence is the need of reality, which can not only solve the difficulties of proof and protect the parties＇ litigation right,but also can save costs and improve the efficiency of lawsuit. Although the transformation between the two types of evidence has theoretical basis,we always need to be perfect in the legislation and make specific rules of evidence transformation.