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证据是民事诉讼过程中的核心问题,而获取证据是所有证据问题展开的前提性程序,对于诉讼的进行具有重要意义。我国关于当事人收集证据的立法规定过于原则,不易操作,应当通过借鉴国外成熟经验,对当事人收取证据的手段和程序加以细化和完善。
Evidence is the core issue in the process of civil litigation, and obtaining evidence is a prerequisite procedure for all evidential issues, which is of great significance to the proceeding of litigation. In our country, the legislative provisions on the collection of evidence by parties are too principled and not easy to operate. We should refine and improve the means and procedures for collecting evidence by drawing lessons from the mature experience in other countries.