民事诉讼证据规定对民事抗诉的影响

《民诉证据规定》对抗诉的积极影响有 :强化落实结果责任 ,当事人举证相矛盾 ,无法认定事实时 ,法院依举证责任判决一方败诉 ,不属错误 ;举证时限和证据交换制度的确立 ,促进检察机关坚持原审案卷审查 ,弱化职权调查 ,排斥新证据 ;严重违反质证规则 ,应属适用程序法错误 ,强化程序公正观念 ;确立法律真实证明要求、证据裁判主义、自由心证理念和“高度盖然性”最低证明标准 ,审查抗诉也应遵循这些规范。消极影响有 :造成法律适用的冲突和混乱 ,赋予法官过大的自由裁量权 ,缩小了抗诉范围 ,且难以认定法官枉法裁判的行为。

How the Regulations for Evidences in Civil Proceedings Influence Civil Protests

The Regulations for Evidences in Civil Proceedings” has positive influence in strengthening and ascertaining the final responsibilities. If the concerned parties are contradictive in adducing evidences for the court to ascertain the facts, the court will not be considered improper to judge which side is defeated in the suit according to evidential burden. The establishment of time limitation and evidence exchanging system push the procuratorial organs to maintain the original inspection, weaken inspection on functions and powers, exclude new evidences. To seriously violate the regulations of cross-examination is to apply the procedures wrongly, and is to over- emphasize procedure's justice concepts. We should establish the requirements for actual legal proofs, follow the evidential judge, have liberal evidences in mind, and judge in accordance with the lowest proving standard of “High-degree superiority ”. All the above should be abided by when inspecting protests. Negative influences may lead to conflicts and confusion in law's application, if the judges are bestowed too powerful rights of arbitrary and the region of protest is reduced, it will be difficult to make clear whether the judge is responsible or not.