最高人民法院"民事诉讼证据规则"若干问题评析

Comments and Analysis on the Evidential Rules in Civil Proceedings Issued by the Supreme People's Court of China

最高人民法院《关于民事诉讼证据规则的若干规定》存在着一些不容忽视的问题,如证明负担分配扩大化,并与实体法的规定不一致、对司法认知法则、自认法则、推定法则、举证妨碍法则的规定有矛盾等,应在民事证据法立法中加以解决。

The author finds that a few unavoidable problems exist in the Regulations concerning the Rules of Evidence in Civil Proceedings issued by the Supreme People's Court, e.g., the extension of the allocation of the burden of proof which is inconsistent with the substantial law; the contradiction between the rules of judicial notice, presumption and that of the impeding of the burden of proof, etc.. It is therefore advocated that such problems should be resolved in the legislative process of the civil evidence law.