司法认知问题研究

司法认知是指法院对待证事项无需当事人举证证明 ,由法院作为职务上的事项予以认定并作为裁判或证明其他事实的依据。近现代的司法认知与证明责任一样是从古罗马法中逐渐演变和发展起来的。我国民事诉讼法应结合我国司法实践 ,并借鉴国外立法以完善我国司法认知立法。

Study on the Judicial Notice

Judicial notice refers to general knowledge which needs not to be proved by the parties, but is established and used as basis of judgment and evidence of testifying other facts by the court. The modern judicial notice derived from the ancient Rome law and developed gradually. To improve Chinese legislation of judicial notice, it is necessary to learn from other countries experience and lessons, based on the judicial practice in our country.