民事证据交换程序价值分析

The Analysis of the Precedural Value of the Evidence Exchangement in Civil Action

民事证据交换程序是民事诉讼当事人于庭审前在人民法院组织和主持下 ,交换各自持有或控制的证据与证据线索 ,拒不交换或迟延交换则要承担不利诉讼后果的一种庭前准备程序。它是举证时效的重要组成部分 ,具有防止庭审证据突袭 ,促进诉讼公正 ;减少诉讼成本 ,提高诉讼效率 ;增强诉讼可预测性 ,促使当事人和解 ;遏制诉讼欺诈 。

The precedure of exchanging civil evidence ,orgnazed or directed by the court ,is a preparing precedure before hearing which requires both civil parties to offer their evidence and clues of a case ,and the party who refuses or delay to do so will be responsible for the inconvinence in the lawsuit .The preparing precedure before hearing plays an important rore in the evidence-time-bar systems,and it has such precedural values as: to prevent surprise in evidence; to keep justice; to help reduce investment in litigation and thus improve efficiency in action; to predict the lawsuit thus to help the parties to reach agreement; to avoid frauds and encourange honesty and credibility in lawsuit.