摘要
随着民事审判方式改革的深入和我国加入WTO ,完善民事诉讼证据立法是健全民事诉讼制度的迫切需要。法释 [2 0 0 1]33号正是适应这种需要而出台的 ,其将对民事诉讼证据制度的完善产生重要而深远的影响 ,但是其规定也有粗疏和不尽合理之处。试对当事人自认的撤回、人民法院依职权调查取证、申请重新鉴定、证人出庭作证四个方面进行探讨 ,并且对其规定冗余、矛盾、不明确、不完备等处提出了几点建议 ,以期对民事诉讼证据制度改革有所助益。
With the development of civil procedural reformation and China becoming one of WTO members, how to perfect the legislation for civil procedural evidential system has become emergent to be settled, and No. 3, Legal Interpretation (2001) is produced, making a great influence on it, however having a few defects itself. Four aspects as parties' withdrawal of admission, People's Courts' investigating and collecting evidences under authorization, applying reappraisal, attestors bearing witness at bar are expounded along with several suggestions as redundancies, contradictions, unclearness, imperfections, expecting to benefit the reforms for civil Procedural evidential system.
出处
《河北法学》
2002年第6期111-115,共5页
Hebei Law Science
