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新民事诉讼法在1991年民事诉讼法的基础上继续规定了质证规则,这间接地肯定了当事人的质证权,并且保障了质证权的实现,完善了证人和鉴定人出庭作证规则、增设了专家辅助人协助质证规则。然而,民事诉讼法学理论上对于质证权的概念、性质、地位、构成要素及其内涵等诸般基础性问题却鲜有论及,以致对“质证权”一词难谓有真正的认知和深刻的理解。质证权作为程序参与权、质证行为实施权以及证据异议权,其内涵十分丰富,包括到场权、证据出示权、证据辨认权、证据质询与辩驳权等九大权能,是一组权利的集合。
The New Civil Procedure Law continued to stipulate the rules on the quality of evidence based on the Civil Procedure Law of 1991, which indirectly affirmed the party’s right of confidentiality and guaranteed the realization of the right of cross-examination, improved the witness and expert’s testimony rules in court, and provided expert assistance People assist with the rules of the evidence. However, the theory of civil procedural law has rarely been discussed in the basic concepts of the concept, nature, status, elements and connotation of the right of hypocrisy, so that there is no real recognition of the term “right of hypothying” Knowledge and deep understanding. As the right to participate in the procedure, the right to enforce the act of proving the evidence and the right to dispute the evidence, the right of the hypothec is very rich in content, including the nine powers such as the right of presence, the right of evidence presentation, the right of evidence identification, the evidence challenge and the right of rebuttal.