论民事诉讼证据的收集

民事诉讼证据制度是民事诉讼制度的核心。目前我国尚未形成完整的民事诉讼证据制度体系。我国现行民事诉讼证据收集制度存在弊端,致使当事人搜集证据困难。应完善证据收集程序,加强民诉证据收集的法律保障,笔者建议尽快制定通过《证据法》,以法律形式完善证据提供的一般法律义务制度;完善当事人违反证据提供义务的法律制裁制度;完善证人出庭作证制度。

Collection of Evidences in Civil Action

The rules of civil action evidence is the center of the civil action system. Yet, the comprehensive system of it has not been established in our country at present. The current rules of civil action evidence collecting in our country are so imperfect that it's difficult for the person concerned to search for the evidence he needs. To improve the evidence-collecting procedure and strengthen the security of civil action evidence-collecting, it is suggested that "The Laws of Evidence" should be made and passed as soon as possible, thus improving, in terms of laws, the systems of general legal obligation of evidence-giving, imposing sanctions on the person concerned, by law, for his not fulfilling evidence-giving obligation and witness providing evidence in court.