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始于八十年代后期的民事审判方式改革,是以强化当事人举证责任为切入点和突破口的。随着这种改革的持续和不断深入,证据制度之于诉讼程序的核心作用日益凸显,制订一部较为科学和完善的民事证据法典因此也愈来愈显得迫切。然而,应当认识到,一部科学的法典绝不可能仅仅是某些先进制度的简单聚合。在各个具体制度中还应当贯穿着一些普适的、共同的基本原则,以保证整部法典的和谐和统一,并用以支撑各个具体制度自身的正当性。基于上述认识,结合对其他部门法尤其是民法中基本原则演进的研究,笔者认为,我国民事证据法亦应当确立诚实信用原则为其基本原则之一。
The reform of civil trial methods, which began in the late 1980s, is based on strengthening litigant’s burden of proof as a starting point and a breakthrough point. With the continuous and deepening of this reform, the evidence system plays a more and more important role in litigation procedure. Therefore, it is more and more urgent to draw up a more scientific and comprehensive code of civil evidence. However, it should be recognized that a scientific code can by no means simply be a simple aggregation of some advanced systems. In each specific system, some general and common basic principles should be adhered to in order to ensure the harmony and unity of the entire code and to support the legitimacy of each specific system. Based on the above understanding, combined with the research on the evolution of the basic principles in other departmental laws, especially in civil law, the author believes that our country’s civil evidence law should also establish the principle of good faith as one of its basic principles.