民事诉讼中的摸索证明是指在当事人就其主张或抗辩成立所必要的事实和证据未能充分掌握或了解时,可以向法院申请对他方当事人掌握的相关证据进行调查,并试图通过该调查程序获取新事实或新证据,进而以该事实或证据作为支持其请求成立的依据。基于传统的辩论主义,大陆法系国家和地区最初对摸索证明采取禁止的态度,随着对辩论主义的修正与发展,摸索证明的价值逐渐为诉讼实践所接纳。我国受制于大环境影响,对摸索证明的处理应该更为宽松。 Evidence in civil litigation proves that when the parties fail to fully grasp or understand the facts and evidences necessary for the formation of their claim or defense, they can apply to the court for investigation of the relevant evidence held by the other party and attempt to pass the investigation procedure Obtain new facts or new evidence, and use that fact or evidence as a basis for supporting the formation of the request. Based on the traditional debate theory, civil law countries and regions initially adopted a forbidden attitude toward finding evidence. With the revision and development of the debate doctrine, the value of testing proved gradually accepted by litigation practice. My country is subject to the environmental impact of the handling of the evidence to prove more lenient.