民事二审新证据的界定与适用

新《民事诉讼法》规定,有“新证据”是二审开庭审理的法定事由之一,但新法对二审新证据的规定阙如,导致二审法院对新证据如何界定与适用存在疑惑,现有司法解释也未能较好地解决此问题.民事二审的特殊功能决定了新证据仅应被有限引入,且其适用须遵循实体与程序的双重限制,以平衡实体公正、程序正义与程序效益.

Definition and Application of New Evidence in the Second Instance of Civil Procedure

According to the new civil procedural law, the existence of new evidence is one of the statutory circum- stances of the second instance of civil trail. But the new civil procedural law has not regulated it, the existing judicial inter- pretation also failed to solve this problem well. The special function of the second instance ofcivi! procedure determined that the new evidence should only be introduced in a limited range, and the application of the new evidence in the second instance of civil trail must follow the double restriction of entity and procedure, in order to balance the entity justice, proce- dural justice and procedural efficiency.