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当事人陈述作为法定证据之一,在我国法律上经历了从无到有的过程,对于民事诉讼中案件事实的查明和认定有重要作用,在司法改革的大形势下,如何充分发挥其作用成为重要课题。现行法律未对证据性当事人陈述审查判断的标准和具体程序作出明确规定,实践中缺乏可操作性,再加上对虚假陈述行为的法律规制不完善,证据性当事人陈述的证明力大打折扣,需要在借鉴域外经验的基础上完善证据性当事人制度,充分发挥其作用。
As one of the statutory evidences, the parties’ statements have gone through the process from scratch in our country and played an important role in the identification and determination of the facts of the case in civil litigation. Under the general situation of judicial reform, how to give full play to its role becomes important topic. The current law does not clearly stipulate the standards and specific procedures for the examination and judgment of evidentiary parties, and the lack of maneuverability in practice. In addition, the legal regulation of false statements is not perfect and the evidence of evidence-based parties is greatly reduced. On the basis of drawing lessons from extraterritorial experience, we should perfect evidence-based party system and give full play to its role.