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一、英国证据制度概述(一)历史沿革证据是审判的基础,证据制度是诉讼制度的核心。19世纪初期英国著名法学家边沁曾经说过:程序法的直接目的是保证公正的判决,即将有效的法律正确地适用于真实的案件事实;而这必须以相关的证据为依据。然而在很长的一段历史时期内,英国司法审判受神示证据制度的统治,“神明裁判”与“司法决斗”成为诉讼中决定是非曲直的标准,证据在诉讼中既没有地位,也没有意义。
First, the British evidence system Overview (a) evidence of historical evolution is the basis for the trial, the evidence system is the core of the litigation system. Bentham, a well-known British jurist in the early 19th century once said: The direct purpose of the procedural law is to ensure fair judgments, that is, to apply valid law correctly to the facts of a real case; and this must be based on relevant evidence. However, for a long period of time, the judicial system in the United Kingdom has been ruled by the system of evidence of Godhead and the “God’s Judgment” and “Judicial Duel” have become the unqualified standards in litigation. The evidence has neither standing in the lawsuit , It does not make sense.