论文部分内容阅读
近十年以来,证据立法问题就一直是法学研究的热点。从最高人民法院颁布的关于民事、行政证据规定的两个司法解释开始,学者和司法部门就对证据立法投入了空前的热情。《统一证据法》草案、《刑事证据法》草案、《民事证据法》草案以及《人民法院统一证据规定》草案陆续面世,各地司法机关的证据性规定也如雨后春笋般出现。针对实践的需要和学界的呼吁,最高立法机关、司法机关也在酝酿如何从立法或司法解释层面改革我国现行的证据制度。基于此,我们约请在证据法学领域颇有造诣的几位中青年学者,就此问题发表观点,以期提供有益的参考。
In the past ten years, the issue of evidence legislation has always been a hot spot in jurisprudence research. From the two judicial interpretations promulgated by the Supreme People’s Court on the provisions of civil and administrative evidence, academics and the judiciary have invested unprecedented enthusiasm in evidence legislation. The draft Uniform Evidence Act, the Draft Criminal Evidence Law, the Draft Civil Evidence Law and the Draft Provisions on Uniform Evidence of People’s Courts have been published one after another, and the evidentiary provisions of judicial organs in various places have also mushroomed. In response to the needs of practice and the academic appeal, the highest legislature and the judiciary are also brewing how to reform China’s current evidence system from the legislative or judicial interpretation level. Based on this, we invite several young and middle-aged scholars who have considerable accomplishments in the field of evidence jurisprudence to express their views on this issue so as to provide a useful reference.