美国联邦证据规则的演变与发展趋势——对中国证据立法的启示

Bo Peng
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引用次数: 0

摘要

自1975年颁布《联邦证据规则》以来,已有近50年的历史。长期以来,《联邦证据规则》发生了哪些变化?对于我国的证据立法来说,这是一个非常值得关注的问题。通过历史分析和比较研究,我们可以发现,《联邦证据规则》的发展大致可以分为两个阶段:第一个阶段是探索阶段,在探索阶段,《联邦取证规则》被忽视,国会继续积极参与。第二个阶段是快速发展阶段,在此期间成立了证据规则咨询委员会,修订的数量和质量稳步增加。在《联邦证据规则》的制定过程中可以看到以下主要趋势:国会被一个关于证据规则的特别咨询委员会取代,成为负责更新《联邦证据准则》的主要机构;证据规则的形式由零散的普通法向系统的法典化转变;排除规则的例外范围和法官的自由裁量权逐渐扩大;程序保障水平提高;证据规则受到电子证据和互联网发展的影响。对于我国证据法的发展,可以启发的是,我们需要将证据规则系统化、法典化,成立专门的证据法委员会,加强程序保障,关注数字时代的证据规则。
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The Evolution and Development Trend of the American Federal Rules of Evidence – Inspiration for China's Evidence Legislation
It has been nearly 50 years since the promulgation of the Federal Rules of Evidence in 1975. What changes have taken place in the Federal Rules of Evidence for a long time? For the evidence legislation in China, it is a very noteworthy issue. Through historical analysis and comparative research, we can find that the development of the Federal Rules of Evidence can be roughly divided into two stages: the first is the exploratory stage, during which the Federal Rules of Evidence were neglected and Congress continued to be actively involved. The second is the rapid development stage, during which the Advisory Committee on the Rules of Evidence were established and the number and quality of revisions steadily increased. The following major trends can be seen in the development of the Federal Rules of Evidence: Congress was replaced as the primary body responsible for updating the Federal Rules of Evidence by a special Advisory Committee on the rules of Evidence; the Rules of Evidence's form changed from fragmented common law to systematic codification; the exclusionary rule's scope of exceptions and judges' discretion gradually expanded; the level of procedural safeguards increased; and the Rules of Evidence were influenced by the development of electronic evidence and the Internet. For the development of China's evidence law, what can be inspired is that we need to systematize and codify the evidence rules, establish a special evidence law committee, strengthen the procedural guarantee, and pay attention to the evidence rules in the digital age.
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