美国《联邦证据规则》的沿革、进步及述评

Evolution,progress,and review of the united states federal rules of evidence.

美国《联邦证据规则》产生于法典化运动的背景下,一波三折的制定过程与四十多年来的发展历程是证据法领域独树一帜的存在。从《联邦证据规则》的演进历程来看,其主要发展趋势是:负责修订证据规则的专门机构从无到有,证据规则咨询委员会发挥愈加重要的作用;证据可采性的范围逐渐扩大,随着规则灵活性的增强,法官的审查义务逐渐加重;程序保障的程度不断增强;科技进步为证据认定带来便捷的同时,也动摇了传统的以证人为中心的证据法框架。对我国而言,证据法的发展面临着机遇和挑战,在立法上中国特色社会主义法治体系不断完善,司法上推进繁简分流和庭审实质化改革,技术上区块链等新兴事物层出不穷的新时代背景下,考察《联邦证据规则》的制定与发展趋势,可以为我国的证据法典化提供启发。

The United States Federal Rules of Evidence emerged in the context of the codification movement,and its tortuous formulation process and development over the past forty years are unique in the field of evidence law.From the evolution of the Federal Rules of Evidence,its main development trend is that the specialized agencies responsible for revising the rules of evidence have grown from scratch,and the Advisory Committee on the Rules of Evidence has played an increasingly important role;The scope of admissibility of evidence has gradually expanded,and the review obligation of judges has gradually increased with the increase of the flexibility of rules;The degree of procedural protection continued to grow;The crisis of trust in scientific evidence and expert testimony caused by scientific and technological progress is being resolved,and a new framework of evidence law is shaking the traditional witness-centered evidence rules.For China,the development of evidence law is facing opportunities and challenges.In the new era of continuous improvement of the socialist rule of law system with Chinese characteristics in legislation,the promotion of the diversion of complexity and simplicity and the substantive reform of court trials in the judiciary,and the emergence of new things such as blockchain in technology,reviewing the formulation and development trend of the Federal Rules of Evidence can provide both positive and negative reflections on the codification of evidence in China.