民事证据披露规则的构建

Establishing the Publication Rules of Civil Evidence

民事诉讼证据交换制度虽已包含着我国民事诉讼证据披露规则的基本因素 ,但在民事诉讼立法上民事证据披露尚未作为独立的证据规则予以确立 ,且证据交换集中披露证据在程序上有待进一步改进和完善。文章阐述了民事证据披露规则的基本内容和两大法系民事证据披露模式 ,对证据披露规则设立依据进行法理分析 ,并就我国民事证据披露规则的构建和完善提出初步的构思。

Although the exchange system of civil procedure evidence includes the basic factors of the publication rules of Chinese civil procedure evidence, the exchanging rules of have not yet been established as independent ones for evidence in civil procedure legislation.The centralized publication of evidence needs further improvement in procedure. This paper expounds the main contents of the publication rules of civil evidence and the publication modes in both British and American laws.The basis for establishing the rules is also analyzed according to the theory of law. Meanwhile, some tentative ideas for the establishment and improvement of Chinese publication rules of civil evidence are put forward.