日本诉前证据收集制度对我国的启示

The Enlightenment of Japanese Pre-Litigation Evidence Collection System to China

日本在上世纪九十年代对本国的民事诉讼法进行了一次革命性的修改,主要是由于依据旧法规定进行的民事诉讼时间太久,因此修改是为了提升诉讼效率,其中对当事人的权利进行了扩张,在本世纪初日本民事诉讼法再一次修改,重点依旧是调动当事人的积极性,在两次修改中都提到了对当事人收集证据制度的规定,尤其是本世纪初的修改,在当事人诉前收集证据方面进行了较为详尽的规定,而我国在这方面的规定较为抽象。本文主要介绍日本诉前的证据收集制度,同时结合我国的国情对我国的诉前证据收集提出建议。

In the nineties of the last century, Japan revised its civil procedure law, mainly because the civil procedure was carried out according to the old law for too long, so the revision was to improve the efficiency of the proceedings, in which the rights of the parties were expanded. At the beginning of this century, Japan’s civil procedure law was revised again, with the focus still on mobilizing the parties’ enthusiasm. In the two amendments both mentioned the provisions of the system of col-lecting evidence, especially the amendment at the beginning of this century, made more detailed provision in the aspect of collecting evidence before the litigation. However, our country has not made detailed provisions about it. This paper mainly introduces the system of evidence collection before litigation in Japan, and puts forward some suggestions on the evidence collection before litigation in China.