宋代民事证据制度研究

发布时间：2018-11-18 16:24

【摘要】：宋代是中国历史上商品经济空前发展的一个时期。那时,社会经济结构发生巨大变革,财产关系日益复杂,民事争端大为增多,促进了民事诉讼中的证据制度的发展。学界一般认为宋代是古代法制成就最高的时代,尤其是有关民事方面的立法更是有了长足的发展,相应地民事证据制度比前朝代更加丰富。宋代民事证据的概念、特征与现代都有着很大的不同。第一章,我们从现代民事证据的概念、特征入手,引出对宋代民事证据概念、特征的探讨。宋代民事证据制度,继承并深入发展了前朝代先进的证据理论,在当时发达的民事活动背景下,其内容丰富了许多。宋代民事证据的种类已经接近现代民事诉讼法规定的法定种类。我们将着重对这六种证据种类进行阐述,这是了解宋代民事证据制度的基础。举证责任和证明标准的相关内容,在宋代民事证据制度中并没有出现,但却是司法实践中无法回避的两个问题。第二章,我们将重点探讨宋代民事证据制度的运行。宋代民事证据制度的运行,证据的收集、审查是关键性环节,关系到一个案件能否顺利审结。证据收集的主体、方法以及证据对案件受理的影响是宋代民事诉讼的开端。审判官员在证据审查的过程中,要遵循一定的原则和方法。这些原则和方法对整个的审查过程起到了指导作用。书证、物证、证人证言三种证据形式在宋代民事诉讼中应用广泛,法官在对这些证据审查、判断的过程中,积累了丰富的经验。宋代民事证据制度的发展,呈现出自身的特点,但也暴露出了不足之处。宋代民事证据制度的不足,并没有妨碍其对现代民事证据制度的借鉴意义。可以说,宋代民事证据制度在历史上起到了承前启后的作用。宋代民事证据制度饶有特色,在中国古代司法制度发展史上有着不可替代的作用。宋代民事证据制度留下的值得今人学习的内容,我们要取精去糟,为现代民事证据制度注入时代精神。
[Abstract]:Song Dynasty is a period of unprecedented development of commodity economy in Chinese history. At that time, great changes took place in the social and economic structure, the property relationship became more and more complicated, and civil disputes increased greatly, which promoted the development of the evidence system in civil litigation. Scholars generally think that the Song Dynasty is the era of the highest achievements in ancient legal system, especially the civil legislation has made great progress, the corresponding civil evidence system is more abundant than the previous dynasties. The concept and characteristics of civil evidence in Song Dynasty are very different from those of modern times. In the first chapter, we start with the concept and characteristics of modern civil evidence, and discuss the concept and characteristics of civil evidence in Song Dynasty. The civil evidence system of the Song Dynasty inherited and developed the advanced evidence theory of the previous dynasties. Under the background of the developed civil activities at that time, its contents enriched a lot. The category of civil evidence in Song Dynasty is close to the legal category stipulated in modern civil procedure law. We will focus on the six types of evidence, which is the basis of understanding the Song Dynasty civil evidence system. The burden of proof and the relevant contents of the standard of proof did not appear in the civil evidence system of the Song Dynasty, but they are two problems that can not be avoided in the judicial practice. The second chapter, we will focus on the Song Dynasty civil evidence system operation. The operation of the civil evidence system in Song Dynasty, the collection and examination of evidence are the key links, which are related to the smooth completion of a case. The subject and method of evidence collection and the influence of evidence on case acceptance were the beginning of civil litigation in Song Dynasty. Trial officials should follow certain principles and methods in the process of examining evidence. These principles and methods serve as a guide to the entire review process. Three forms of evidence, namely documentary evidence, material evidence and witness testimony, are widely used in civil litigation in the Song Dynasty, and the judge has accumulated rich experience in the process of examining and judging these evidences. The development of civil evidence system in Song Dynasty showed its own characteristics, but also exposed its shortcomings. The deficiency of the civil evidence system in Song Dynasty did not prevent it from drawing lessons from the modern civil evidence system. It can be said that the Song Dynasty civil evidence system in history has played a role in connecting the past and the future. The civil evidence system of Song Dynasty has its own characteristics and plays an irreplaceable role in the history of Chinese ancient judicial system. The civil evidence system of the Song Dynasty is worth learning from today's people. We should take the essence of it and inject the spirit of the times into the modern civil evidence system.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.1;D929

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