证据排除规则的重构——以诉讼效率为视角

诉讼效率指诉讼收益与诉讼成本之间的差额。诉讼收益主要体现为发现真实,而诉讼成本主要体现为证据的收集与认定成本。证据排除规则既可以保障发现案件真实,亦可以保护其他合法利益,但我国目前的证据法没有能够从提供诉讼效率的角度去设计证据排除规则,我国诉讼法中不同的诉讼采用相同的证明标准是这一现象出现的重要原因。

The reformation of evidence exclusion rules——on the litigation efficiency

The litigation efficiency means the difference between litigation earnings and litigation costs.The litigation earnings are mainly reflected by finding facts,and litigation costs means the costs of finding true facts of the case,mainly being reflected by the costs of collecting and confirming evidence.The evidence exclusion rules can both ensure the truth of a case and protect other legal interests.The realness of a case increases litigation earnings and the protection of legal interests decreases litigation costs,so evidence exclusion rules have been closely linked to law case efficiency.Yet this interrelationship has not been fully paid attention to in China mainly because we have no different proof standards and have no stipulations of proof deficiency system.