一、引言随着我国司法改革的深入,证据规则在司法活动中的地位和作用日益突出。无论是刑事审判方式改革还是民事审判方式改革,其趋势都是削弱职权主义而强化当事人主义,减轻法官主动收集证据的任务而改为主要由诉讼当事人双方举证,这样,我国匮乏 I. Introduction With the deepening of judicial reform in our country, the rules and rules of evidence play an increasingly prominent role in judicial activities. Whether it is the reform of criminal trial or the reform of civil trial, the tendency is to weaken the power of authority and strengthen the doctrine of the parties to reduce the burden of the judge’s initiative to collect evidence instead of the burden of proof by both litigants, so that our country is scarce