论民事诉讼中的补强证据规则

The Rules of Reinforcing Evidence in Civil Procedure

民事补强证据规则是指在民事案件中,指导法官运用补强证据使主证据获得证据能力,或增强主证据证明力以达到认定案件事实效果的规则,并且在这一过程中无需考虑补强证据是否对案件事实具有独立证明作用。以法官内心确认是否是需要补强证据的唯一因素为标准,可以将补强证据规则分为“孤证不能定案”的补强证据规则和瑕疵证据的补强证据规则,通过考察我国当前有关补强证据规则的理论基础、立法规定和司法实践,发现还存在内涵不统一,立法规定较为散乱和滞后,举证、质证和认证阶段缺乏必要的程序和标准等问题,尚需进一步从制度、程序和释明等方面加以探讨和完善。

The rules of reinforcing evidence in civil procedure refer to the rules that instructs judges to use reinforcing evidence to make the main evidence acquire evidence ability, or to enhance the proof power of the main evidence to achieve the effect of identifying the facts of a case. In this process, it is not necessary to consider whether the reinforcing evidence has independent proof effect on the facts of a case. According to the criterion of whether the judge's inner confirmation is the only factor that needs to reinforce evidence, the rule of reinforcement evidence can be divided into the rule of reinforcing evidence of "a verdict can't base on isolated evidence" and the rule of reinforcing evidence of defective evidence. By examining the theoretical basis, legislative provisions and judicial practice of the rules of reinforcing evidence in civil procedure in China, it is found that there are still some problems, such as inconsistent connotations, scattered and lagging legislative provisions, lack of necessary procedures and standards in the stages of proof, cross-examination and certification, which need to be further explored and perfected in terms of system, procedure and explanation.