法国与俄罗斯民事诉讼举证法之比较分析

IF 0.1 Q4 LAW
E. Nakhova
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引用次数: 1

摘要

本文论述了法国和俄罗斯证据法规范的法律性质和立法巩固问题。笔者认为,在俄罗斯的证据法中,巩固证明和证据的规范更为理想。与此同时,俄罗斯的证据理论需要彻底改革。俄法两国立法对证明概念的法律途径存在差异。在法国的证据法中,证据的等级是法定的,不能被视为尊严。然而,关于某些证明手段的法律规范是充分发展起来的。证明手段虽然在立法和司法实践中已经过时,但仍然是固定的。同时,对电子证据的法律规制也得到了充分的发展,这可以被认为是法国证据法的一个优势。俄罗斯证据法没有对电子证据作为一种独立的证明手段作出法律规定。俄罗斯证据法的完善主要体现在以下几个方面:证明理论的完善、证据规则的法律规制的优化和统一、从国外证据法中吸收有效的规制手段、对个别证明手段的细化法律规制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The The comparative analysis of the law of evidence in civil proceedings in France and Russia
The article deals with the problems of the legal nature and legislative consolidation of norms of evidentiary law in France and Russia. The author claims that it is more optimal to consolidate norms of proof and evidence in evidentiary law of Russia. At the same time, Russian theory of evidence needs radical reform. The legal approach to the concept of proof in legislation of Russia and France is differentiated. In French evidentiary law, the ranking of evidence is legally fixed, which cannot be recognized as dignity. However, legal norms regarding some means of proof are sufficiently developed. The means of proof, which are outdated as legislation and judicial practice, are still fixed. At the same time, the legal regulation of electronic evidence has been sufficiently developed, which can be recognized as an advantage of French evidentiary law. Russian evidentiary law does not provide for legal regulation of electronic evidence as an independent means of proof. The following areas of improvement of Russian evidentiary law are highlighted: improvement of the theory of proof, optimization and unification of the legal regulation of the rules of evidence, reception of effective means of regulation from the evidentiary law of foreign countries, and detailed legal regulation of individual means of proof.
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来源期刊
CiteScore
0.30
自引率
50.00%
发文量
18
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