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当前司法实践中,取证难已成为公、检、法、司所有执法部门的共同感叹.知情不证,躲避取证,故作假证,不出庭作证,不协助调查,推诿、刁难、辱骂取证司法人员,贿买唆使他人作假证、伪证,如此种种,不一而足,不仅直接影响到办案效率,更折射出我国证据制度之软弱和司法权威之不足,其带来的后果和损害是十分严重的.1.直接损害了法制权威,影响公正裁判.我国诉讼法规定了公民、单位协助调查取证的义务,却没有规定相应的违反义务之责任条款,对拒证、伪证、假证行为缺乏约束制裁措施,加之近几年来公民的社会责任感和道德正义感普遍下降,知情不证、推倭取证现象十分突出,有的行政、金融机关为保护部门利益与当事人恶意串通提供伪证、假证,一些党政领导甚至公开行政命
In the current judicial practice, obtaining evidence has become a common sigh for all law enforcement agencies in the public, prosecutorial, legal and departmental departments. In the knowledge of the facts, they evade the collection of evidence and thus make false statements, fail to testify before the court, do not assist in the investigation, The bribery and instigation of others to make false evidence or perjury is so serious that not only has a direct impact on the efficiency of handling cases but also reflects the weakness of our evidence system and the lack of judicial authority. The consequences and damages are very serious 1. Directly undermines the authority of the legal system and affects the impartial judgment.China’s law of litigation stipulates the obligation of citizens and units to assist in the investigation and evidence collection but does not stipulate the corresponding liability clause of breach of obligation and lacks the restriction on the refusal of card, Sanctions and the general decline in the sense of social responsibility and morality of citizens in recent years have brought about a great deal of publicity and evidence gathering. Some administrative and financial institutions provide perjury and false testimony in the interests of protecting the interests of the departments and the parties concerned Party and government leaders and even public administration