论文部分内容阅读
人民法院实行审判方式改革,推行直接开庭后,当事人负有当场举证的责任。这样一来,广大群众,尤其是案件当事人的证据意识大为增强,收集证据的自觉性也有了提高。但也应当看到,部分人,尤其是当事人,由于法律观念不强,法律知识匾乏,在自行取证等方面不尊重客观事实,不严格依法办事,违法乱纪的现象屡屡发生,使之误入歧途,从一个极端走向另一个极端。这样做,严重妨碍和干扰了正常的诉讼活动。据笔者了解,当事人在取证等方面存在以下十个与民事、刑事诉讼法相违背的行为。骗证据刘某与李某是邻居,刘某结婚时向李某借了3000元。婚后不久,刘某与李某一同外出打工。半年后,刘因思妻心切,提前回家,回到家里,刘某听说李某年底也要结婚。他想,李某结婚肯定要他还钱,而自己一时又还不起。他眉头一皱,计上心来。次日,刘来到李家,谎称李在外边炒股发了财,他炒股也赚了钱,已将所欠的3000元还给了李。李父信以为真,在刘某的要求下,将他借钱时写的借条退给了他。
After the People’s Court has implemented the reform of the trial method and implemented the direct hearing, the parties have the burden of proof on the spot. As a result, the masses of the people, especially those involved in the cases, have greatly enhanced their evidence and their consciousness in collecting evidence has also been raised. However, it should also be noted that some people, especially the parties concerned, do not respect the objective facts due to lack of legal knowledge, lack of legal knowledge, do not act strictly in accordance with the law, and frequent violations of law and discipline have caused mistakes Go astray, going from one extreme to the other. In doing so, it seriously hampered and disrupted normal litigation activities. According to the author’s understanding, the parties have the following ten behaviors that are contrary to the civil and criminal procedural laws in respect of evidence collection and other aspects. Li cheated evidence and Lee is a neighbor, Liu borrowed 3,000 yuan to Lee. Soon after marriage, Ryu and Lee went out to work together. Six months later, Liu Sisi wife eager to go home early, back home, Ryu heard that Lee must get married at the end. He thought that Lee must get him married when he got married, and he could not afford it for a while. He frowned, calculated to mind. The next day, Liu came to Li, lied to Li outside the stocks made a fortune, he also made money stocks, has owed 3,000 yuan returned to Lee. Father Li believes that at Liu’s request, the loan he wrote when writing back to him.