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唯一证据理论的基本内涵为,当就某待证事实只有唯一的证据申请时,法院应当予以调查。其法理根据主要包括法院得自由决定证据调查的范围和保障当事人的立证权。是否为唯一证据,应总合各审级,并考虑证据的种类予以综合考量。当证据申请不合法、证据调查没有必要以及证据调查遇有障碍等情形时,即使为唯一证据亦得驳回。对唯一证据理论与证明预断禁止原则进行调适的趋势是前者对后者的逐步取代。唯一证据理论对我国具有积极的借鉴意义。
The basic connotation of the only evidence theory is that when there is only one single evidence application for awaiting proof, the court should investigate it. Its jurisprudence mainly includes the extent to which courts are free to decide on evidence investigations and to safeguard the parties’ right of deposition. Whether it is the only evidence should be combined with the various levels, and consider the types of evidence to be comprehensive consideration. When the evidence application is not legal, the evidence investigation is not necessary, and the evidence investigation is in any case of obstacles, even the only evidence should be dismissed. The trend of adapting the principle of the sole evidence theory and the Prohibition of Prohibition is the gradual replacement of the latter by the former. The only evidence theory has positive reference to our country.