对抗制的运行机理是诉讼双方在平等的基础上进行诉讼进攻和诉讼防御,以求得发现案件真实。然而,该制度在运行过程中,当事人在胜诉欲望的驱使下,不惜花费较大成本收集足够多的证据及其相关信息的同时,还进行信息封锁,在庭审时利用自身的信息优势和辩论技巧击败对方,实质上演变为一场司法竞技比赛,严重偏离了实质正义价值要求。作为弥补对抗制的不足而诞生的证据开示制度在合作的基础上追求实质正义,减少了诉讼成本,节约了司法资源,实现了双方的共赢。证据开示制度在运行过程中又出现新一轮的对抗,为了消除对抗带来的弊端需要进一步完善相关的配套制度。 The operational mechanism of the adversarial system is that both parties to the litigation conduct litigation and litigation defense on an equal basis so as to find out the truth of the case. However, during the operation of the system, the parties, driven by their appetite for winning, have also carried out information blockade at the expense of large sums of evidence and relevant information while using their own information superiority and debating skills Beat each other, in essence, evolved into a competitive sports competition, a serious departure from the real value of the requirements of justice. The system of evidence discovery, which was born as a remedy to the inadequacy of the adversarial system, pursues substantive justice on the basis of cooperation, reduces litigation costs, saves judicial resources and achieves a win-win situation for both parties. There is a new round of confrontation during the operation of the evidence discovery system. In order to eliminate the disadvantages brought by the confrontation, it is necessary to further improve the relevant supporting system.