论民事诉讼中的证据共通原则——辩论主义与自由心证之协同

在民事诉讼中,为了获取胜诉判决,当事人通常会竭尽全力主张和举证。由于纠纷案件的复杂性、当事人以及代理人的诉讼技能参差不齐,当事人偶尔也会提出与己方主张相反,有利于对方当事人的证据。依据自由心证原则,在不违反辩论主义原则的情况下,法官可以通过证据共通原则做出自由的事实认定。证据共通原则是法官自由裁量权在证据认定程序中的体现,是民事诉讼中的一项重要的证据制度。

Evidence common principle in civil lawsuit——debate doctrine and freedom's cooperation

In civil proceedings, in order to obtain judgment, the parties typically will make every effort to advocate and the burden of proof. Due to the complexity of the dispute, the parties involved and agents litigation skills uneven, occasionally parties will put forward their own ideas and contrary, the evidence to the other party. Based on the principle of freedom of hearts card in the debate do not violate the principle of the case, the judge can make the principle of common evidence of the fact that freedom. Evidence of a common principle is in the discretion of the judge finds evidence of the procedure, in a civil action is important evidence system.