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证据的收集、审查与运用是办理各类案件的中心环节。而执行程序证据的收集审查与运用相对于审判程序,又有其自身的特点和操作上的诸多困难。笔者想就此问题结合司法实践中的感受,谈些认识,以求教于同行。 一、确立执行程序的证据观 执行程序证据的特点决定了执行人员必须树立正确的证据观。只有这样才能尽可能多地占有证据,从而为设计执行方案、实施执行措施、圆满完成执行任务打下坚实的基础。而执行程序中的有些案件却固执行人员的证据观不强,使本应能顺利执行的机
The collection, examination and application of evidence are the key links for handling all kinds of cases. However, the collection, review and application of procedural evidence relative to trial procedures have their own characteristics and operational difficulties. I would like to combine this issue with the feelings of judicial practice, talk about some understanding, in order to teach in the peer. First, the establishment of the implementation of the concept of evidence view of the procedural characteristics of evidence that the Executive must establish the correct concept of evidence. Only in this way can we occupy as much evidence as possible, laying a solid foundation for the design and implementation of the implementation plan and the successful implementation of the tasks. However, some cases in the enforcement proceedings are not strong evidence of the implementation of the officers, so that should be able to successfully implement the machine