Study Of The Rule Of Civil Corroboration

As an important rule of evidence in the system of civil litigation,the rule of civil corroboration is an essential requirement for conforming to and embodying the principle of evidentiary adjudication in trial.It not only contributes to the parties of civil litigation in finding out the truth and realizing the substantive justice of litigation,but also effectively restricts the judges' discretion by means of the link of evaluating the evidence's probative force.Although there are a couple of provisions concerning the rule of civil corroboration in the relevant legislation in China,this rule of evidence reflects a lot of problems in judicial practice,which exist in the legislation and the operation of the rule as well.From the perspective of relevant legislation and academic research,the system of the rule of civil corroboration in foreign countries is far less than that of criminal corroboration.Therefore,the experience for us to learn from mainly includes the system of witness oath,the compulsive obligation of interpretation for the judges to undertake in applying the rule of civil corroboration,and the evidentiary corroboration under the rule of original evidence.The improvement of the rule of civil corroboration in China should take root in the optimization of the legal provisions concerning the rule itself.It also depends on the further improvement of the supporting measures for cooperating with the rule.By centralizing the legislation concerning civil corroboration,clarifying the scope of applying the party's statement,standardizing the prerequisites for corroborating evidence,adding the legal provisions concerning the procedure of evidence investigation and the standards for corroborating evidence of the rule of civil corroboration,and the supporting measures including the improved system of witness' testifying in court,the rule of civil corroboration can yield unusuallybrilliant results against the background of judicial reform in China,and come to be an important link in effectively regulating the judges' exercise of discretion,reducing the incorrect and erroneous judgments of cases,and optimizing the entire civil judicial environment.