生态环境损害赔偿纠纷中磋商协议的民事证据属性研究

Research on the Civil Evidence Attribute of Negotiation Agreement in Ecological Environment Damage Compensation Dispute

随着生态环境损害赔偿诉讼制度的不断完善,磋商协议确定地被纳入民事证据体系,且已经出现了将其作为证据提交至法院的案件,但实务界与学界对磋商协议证据属性体系化认识的缺失却与现实需求形成鲜明对比。为解决此矛盾,需在理论、规范与案例的多个层面上,在相近制度比较的视野下分析作为磋商协议证据属性实质来源的性质与特征,以及证据形态、证据能力与排除情形、证明力等,以利于磋商协议在不同程度上被应用于证据衔接场合。

With the continuous improvement of party on the ecological environment damage compensation litigation system,the consultative agreement has been included in the civil evidence system,and there have been cases where it has been submitted to the court as evidence.However,the lack of systematization understanding of the attributes of the consultative agreement between the practical and academic circles have sharp contrast with the actual needs.In order to solve this contradiction,it is necessary to analyze the nature and characteristics which are the substantive source of evidence attribute of consultative agreement,and its evidence form,evidence competence and exclusion,probative force etc.on the multi tracks of theory,norms and cases,and from the perspective of similar system comparison.It can be applied to evidence convergence in varying degrees along with consultative agreement.