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最佳证据规则是普通法系的一项古老的证据制度,该制度起源于英国,但此后被美国不断发扬光大,并广泛应用于证据立法和司法审判。在历史演进中,最佳证据规则虽然在现代呈弱化趋势,但其精神却从未退出历史舞台。我国民诉法确立的原始证据优先原则与该制度也有密不可分的联系,然而,由于立法技术和体例的原因,我国证据立法中并未明确最佳证据规则的地位,相关制度规定也存在立法分散、内容矛盾等缺陷。因此,我国需要对该规则加以完善,使其更有效地应用于司法实践。
The best evidence rule is an ancient evidence system in the common law system originated in the United Kingdom. However, it has been continuously expanded by the United States and widely used in evidence legislation and judicial trial. In the historical evolution, although the best evidence rules have been weakened in the modern era, their spirit has never withdrawn from the stage of history. However, due to the technical and institutional reasons for legislation, the legislation of evidence in our country does not define the position of the best evidence rules, and there are legislative divergences in the relevant rules of the system , Content conflicts and other defects. Therefore, our country needs to perfect the rules to make it more effective in judicial practice.