德、日两国民事证据收集制度及其对我国的启示

在民事诉讼中，收集证据是最基础性的工作，既往的关于证据收集的研究大都从当事人收集证据和法官审查证据的关系入手，进而主张当事人自行收集证据，对当事人如何收集证据关注较少。本文以德日两国的证据收集制度为分析素材，结合我国的实际情况，提出完善我国证据收集制度的构想。

German and Japanese Collection Evidence System in Civil Procedure and the Enlightenment to Our Country

Collection evidence is the most fundamental work in civil procedure. The past studies about the collection evidence mainly explored the relationship between the party who collects the evidence and the judge who examines evidence, thus they advocated that the evidence should be better to be collected by the party himself or herself. But the past studies seldom concerned about how the party collect evidence. This paper not only analyzes the collection evidence system in Germany and Japan, but also considers the real situations in our country, and then puts forward the conception about how to make the collection evidence mature in our country.