民事证据立法与证据制度的选择

选择什么样的证据制度是我国民事证据立法必须回答的问题。证据制度的选择必须充分考虑我国社会主义初级阶段以及与民事诉讼相关的现实国情。我国应选择法定证据与自由心证相结合 ,以自由心证为主 ,以法定证据为辅的证据制度 ,在民事证据法中不仅要规定举证、质证、认证等证据规则 ,而且要设置一些有关证明力的规则。

The selection of evidence system is a major issue in the making of civil evidence law in China. In selecting the evidence system, China should take into consideration the actual conditions of criminal procedures at the primary stage of socialism. It should choose an evidence system that combines legal evidence with discretional evaluation of evidence and takes the latter as the main form, and the former as the supplementary form, of evidence. The civil evidence law should not only provide for such rules of evidences as those relating to producing evidence, cross examination, and corroborating evidence, but also provide some rules on weight of proof.