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一、公证证据保全与法院诉前证据保全的比较与竞合修改后的《民事诉讼法》将诉前法院证据保全制度正式引入,其第81条进行了详细规定。法院证据保全是为了防止将来作为定案依据的证据灭失或难以取得所采取的诉讼妨碍排除措施,其有利于增强当事人的举证能力,消除证明妨碍,是一种前瞻性的诉讼活动。目前,公证证据保全和法院证据保全并存,利害关系人对二者有选择权。应当尽量鼓励诉讼前证据保全在法院保全之外的领域完成,且实务中也不应否认诉讼中公证保全证据的作用。公证证据保全应进一步发挥其作用和优势,促进民事审判方
First, the notarized evidence preservation and the court before the prosecution of evidence preservation comparison and co-operation The revised “Civil Procedure Law” formally introduced the pre-trial court evidence preservation system, Article 81 of the detailed provisions. Court evidence preservation is to prevent loss of evidence in the future as the basis of the verdict or difficult to obtain the lawsuit to interfere with the exclusionary measures. It is conducive to enhancing the ability of the parties to prove and eliminate the obstruction of evidence. It is a forward-looking litigation activity. At present, the preservation of notarized evidence and the preservation of court evidence coexist, and the interested parties have the option of both. Pre-litigation evidence preservation should be encouraged as far as possible outside the preservation of the court, and the practice should not deny the role of notarized evidence preservation in litigation. Notarial evidence preservation should further play its role and advantages to promote civil trial