论当事人举证责任规则的立法完善

我国现行《民事诉讼法》及其司法解释在当事人举证责任规则方面的规定过于抽象粗疏,不便于实际操作;民事证据立法必须具体明确地限定人民法院调查取证的范围和程序,以提高司法效率,保证司法公正;应当对当事人取证的权利、方法、手段提供物质和制度保障,使其举证责任在司法实际工作中能够真正贯彻落实。

ON THE IMPROVEMENT IN LEGISLATION ABOUT THE RULES OF THE PARTY'S BURDEN OF PROOF

The China's civil Procedural Act in force and its judicial explanation about the stipulation of the rules of the party' s burden of proof are too abstract and inattentive to operate pratically. The legislation in civil evidence should concretely and definitely put restriction on the scope and procedure of the court s investigation and giving evidence to improve the judicial efficiency and justice. Furthermore, it should provide material and system security about the party's right, ways and metods when he gives evidence,so that the burden of proof can be really implemented in the judicial practical operation.