我国民事证据证明力制度之重构

民事证据制度是民事诉讼制度的核心,民事证据证明力制度则是民事证据制度的核心。我国学术界对民事证据证明力问题关注较少,理论的匮乏导致了我国民事证据证明力制度的规定过于原则、简单且缺乏合理性,使法官在判断民事证据证明力方面拥有过大的自由裁量权,司法实践中也产生了诸多问题。为防范法官滥用自由裁量权,有必要重新构建我国的民事证据证明力制度。

The Reconstruction of Civil Evidence Testifying Power System in China

Civil Evidence System is the center of civil action system, while civil evidence testifying power system is the center of civil evidence system. The academic circles in China pay little attention to the problems of civil evidence testifying power. The lack of theory leads to the fact that the system depends excessively on principles and is too simple and is not reasonable, which makes the judges have too many free adjudication rights and causes various problems in judicial practice. In order to keep a lookout of judges' abusing their free adjudication rights, it is necessary to reconstruct the civil evidence testifying power system.