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举证,作为一项重要的诉讼制度,被世界各国的立法者重视并应用,它是诉讼制度中一个较复杂的理论问题,由于对其认识程度的不同,因而各国在立法中对举证这项诉讼制度均有不同程度的明文规定。我国《民事诉讼法(试行)》、《行政诉讼法》均规定:当事人有责任提供证据。律师参与诉讼接受当事人的委托,担任其辩护人或其诉讼代理人,亦负有责任提供证据,这是众所公认的事实;特别在当前审判改革活动过程中,强调和加重了当事人的举证责任,律师更应注重案件中证据的调查研究,
As an important lawsuit system, evidence is valued and applied by legislators in all countries in the world. It is a more complicated theoretical issue in the lawsuit system. Because of its different level of understanding, The system has different levels of express provisions. China’s “Civil Procedure Law (Trial)”, “Administrative Procedure Law” provides that: the parties have the responsibility to provide evidence. It is generally acknowledged fact that lawyers participate in the litigation accepting the client’s entrustment as its defender or his legal representative and are also responsible for providing evidence. In particular, in the current judicial reform activities, the burden of proof of the parties is emphasized and aggravated, Lawyers should pay more attention to the investigation of the evidence in the case,