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近些年,民事诉讼法在不断的发展演变,我国经济形态不断变化发展,审判方式也随之不断变化。我国于2015年2月4日正式施行的有关法律对《最高人民法院关于民事诉讼证据的若干规定》中法院依职权调查取证的相关规定作出了修改,进一步明确了诉讼证据调查取证等具体内容,为司法实务提供支持。可见,法院依职权调查取证的合理范围的界定,对于民事证据调查、诉讼本身都具有至关重要的影响。本文通过浅析法院调查取证制度的法律规范及实践现状,旨在找寻该制度规范与实践的冲突及其原因,并提出化解之道。
In recent years, the law of civil procedure has undergone constant development and evolution. The economic pattern of our country has constantly changed and evolved, and the trial methods have also been constantly changing. The relevant laws formally implemented on February 4, 2015 in our country made amendments to the relevant provisions of the court’s investigation and evidence collection on the basis of authority in the Provisions of the Supreme People’s Court on Evidence in Civil Litigation, further clarifying the specific contents of the investigation and evidence collection of litigation evidences, Support for judicial practice. It can be seen that the definition of the reasonable range of the court’s ex officio investigation and evidence collection plays a crucial role in the investigation of civil evidence and in the litigation itself. By analyzing the legal norms and practice status quo of the court investigation and evidence collection system, this article aims to find out the conflicts between the norms and practices of the system and their causes, and puts forward the solution.