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证据作为证明案件真实情况的客观事实材料,对民事诉讼的重要性是毋庸质疑的。但如何使这些客观材料进入诉讼程序,进而据以判明是非曲直是一个程序制度上的问题。对此,我国在规定举证责任的普遍原则的同时,设立了诉讼证据保全制度以及法院依职权收集诉讼证据制度,但在此之上却没有再对当事人收集证据的方法手段加以明确规定,这不能不说是一大缺陷。本文试通过对民事诉讼证据开示制度的分析,借以对我国民事诉讼制度的改革提供一些建议,期望有助于我国现行民事诉讼证据制度的改进和完善。 一、证据开示制度的含义及目的 证据开示制度,简单地说,就是各方当事人在审理之前从对方当事人那里获得证言、文件及其他证据的权利和方法。
As evidence of the factual facts of the case, the evidence is of no doubt about the importance of civil litigation. However, it is a procedural issue that how to make these objective materials into the proceedings and then to make the difference between them. In this regard, China has established a system for the preservation of litigation evidence as well as a system for collecting litigation evidence ex officio by the courts while stipulating the universal principle of the burden of proof. However, there is no clear definition on the means by which the parties collect evidence, Do not say is a big flaw. This paper tries to provide some suggestions on the reform of civil procedure system in our country through the analysis of the evidence discovery system of civil procedure. It is hoped that this will help to improve and perfect the current evidence system of civil procedure in our country. I. Meaning and purpose of the system of evidence disclosure The system of disclosure of evidence is simply the right and method for parties to obtain testimony, documents and other evidence from the other party before the trial.