关于完善我国民事诉讼当庭认证制度的思考

认证的过程就是法官对于证据材料的证据力和证明力的认定过程。认定的对象不同,其认定的主体、时间、方式等也应当有所差别。目前我国法院系统有关认证的做法,是司法改革中各法院自行实践的结果。由于缺乏正确的理论和明确的法律规定,庭审认证极不统一,影响了认证制度的法律效果。

Thought and Improvement about Instant Judgement of Evidence in Civil Procedure

The process of judging evidence is a process which the court judges the value and qualification of evidence. Who, when, and how to judge are different according to the judged subject. Now, our courts have many ways to judge. It is a result of courts' innovation practice. Lacking of positive theories and identical rules the ways are very different and had passive effect.