论当事人举证与法院查证的关系——兼评法释[1998]14号关于当事人举证和法院查证的规定

在坚持当事人举证为原则、法院查证为补充的思想指导下,严格界定当事人举证和法院查证及当事人申请法院查证的范围、程序和时间,建立完整的举证责任制度,完善当事人取证制度,合理分配举证责任,建立健全当事人履行举证责任的法律保障机制,使审判方式改革真正落到实处。

On the Relation between Submitting Evidences by the Parties and Verifying Evidences by Courts

Under the guidance of the idea of keeping submitting evidences by the parties as principle and verifyingevidence by courts as supplement, there should be a clear interpretation of the sphere, the procedure and the time forthe parties to submit evidences, for courts to verify evidences as well as for the parties to apply for verification by courts.A complete evidential burden system should be set up; the system of taking evidences by the parties should be perfect-ed; the evidential burden should be reasonably allotted, and the legal safeguard system for the parties to perform theirevidential burden should be set up and perfected. With all these measures, the reform in the mode of trial will really beaccomplished.