我国现行《民事诉讼法》既未对证据交换作出规定,又未从公法意义上对当事人之间互有披露证据的义务作出规定。这种状况给审判实务带来了消极的影响,常常使一方当事人在事先并不了解对方将要在庭审当中提供何种证据的情形下匆忙进入庭审,导致重复开庭,拖延诉讼的进程。因此,如何正确地处理和解决当事人披露证据与证据交换之间的关系,以及这种关系与审前程序、审理程序的相互协调,以便在立法上形成有机的结构,从而为现行《民事诉讼法》的修订寻求一条科学、合理、顺畅、可行的路径,是本文的要旨。 The current “Code of Civil Procedure” in our country neither stipulates the exchange of evidence nor stipulates the obligation of both parties to disclose evidences from the perspective of public law. This situation has had a negative impact on the trial practice. Often, one party hastily entered the trial with no prior knowledge of what evidence the opposing party will provide during the trial, leading to repeated hearings and delays in litigation. Therefore, how to properly handle and resolve the relationship between the parties’ evidence of disclosure and the exchange of evidence, as well as the coordination of such relationship with the pre-trial and trial proceedings in order to form an organic structure in the legislation so as to provide the current Code of Civil Procedure "The revision seeks a scientific, rational, smooth and feasible path, is the essence of this article.