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民事证据契约是诉讼契约化在民事证据领域的体现,不但符合市场经济环境下私法自治的精神,也是处分原则和辩论原则的必然要求,充分体现了民事诉讼中当事人的主体性地位。我国目前还未建立完善的证据契约制度,但随着司法改革的不断推进和诉讼模式的转变,建立完善的证据契约制度逐渐成为可能,因此有必要对证据契约的价值、理论依据以及如何在司法实践中完善进行探讨。
The contract of civil evidence is the embodiment of litigation contract in the field of civil evidence. It not only meets the spirit of private law autonomy in the market economy environment, but also is an inevitable requirement of the disposition principle and the principle of debate. It fully embodies the subordinate status of litigants in civil litigation. At present, our country has not set up a perfect evidence contract system, but with the continuous promotion of judicial reform and the change of litigation mode, it becomes possible to set up a perfect system of evidence deeds. Therefore, it is necessary to study the value of the evidence contract, Improve the practice to explore.