证据制度是诉讼制度的核心部分。法治化建设的进程,推动了我国有关证据制度的立法及发展,但其仍有缺陷及需要完善之处。《证据规定》中存在缺乏固定争点及固定证据制度、证人出庭作证制度不完善、有关证据规则不完善、预决事实规定笼统、司法机关的“证据突袭”等存在诸多缺陷,应当完善举证期限制度,增加拒证权及传闻证据排除规则,完善证据排除规则,细化预决事实以及增加法官的中立性,防止司法突袭。 Evidence system is the core part of litigation system. The process of rule by law has promoted the legislation and development of the relevant evidence system in our country, but it still has some shortcomings and needs improvement. There is a lack of fixed disputes and fixed evidence systems in the Provisions of Evidence, imperfections in witness testimony in court, imperfect evidence rules, general provisions of the judgment, and so on. The judicial evidence raids have many defects. , Increase the right of eviction and the rule of hearsay, improve the rule of evidence exclusion, refine the facts of forefathers and increase the impartiality of judges so as to prevent judicial raids.