论民事诉讼中的认证

On the Admissibility in the Civil Action

对民事诉讼中的认证概念的内涵界定是目前学界较关注的问题,笔者认为:把握认证概念的内涵应从认证的时间和认证的内容二方面着手。认证是法官在法庭调查中对诉讼双方提供的证据,或法官自行收集的证据在充分质证的基础上进行审查判断,确认其是否采纳为证据的活动。

The concept of admissibility of the evidece is the key to the evidence problems. We shall master it in terms of the time of the process and the contents of the evidence. The process of admissibility of evidence consists of three stages in the court: First, confrontation on the evidence from each part by both sides; Second, choose the true evidence on the basis of the first stage; Third, the court determines which evidence is to be admissed.