历史流变中的民事诉讼证据种类

在我国证据制度发展的历史长河中,民事诉讼证据种类发生了两次重大转变。一次发生在清末修律之时,一次发生在新中国成立之后,而两次转变都是在直接借鉴国外相关理论的前提下发生的。我国现行民事诉讼证据种类是在第二次转变中借鉴前苏联有关证据制度的基础上建构的。从历史的角度对我国民事诉讼证据种类的演进轨迹进行考察与分析,对当下我国证据制度的改革有着十分重要的借鉴与启发意义。

Classification of Evidence in Civil Proceedings in Historic Changes

In China, the classification of evidence underwent two substantial changes in the evolutionary history of civil proceedings. One took place at the end of the Qing dynasty when laws were amended. The other was effected after the founding of the People’s Republic of China. Both were initiated on the basis of drawing on the experience of foreign countries. China’s existing classification of evidence was formulated in the second change by reference to the former Soviet Union’s experience. To reform China’s evidence regime, an observation and analysis of the evolution of classification of evidence from a historic angle is an important reference and an enlightenment of meanings.