摸索证明,是指民事诉讼中负有证明责任的当事人在无法获知待证事实与相关证据的详细关系时,就证明主题仅进行一般性、抽象性的主张,从而期待通过法院的证据调查从对方当事人处获得相关详细证据资料的活动。由于对象的模糊性和手段的不确定性,对于摸索证明能否在诉讼中被采用存在极大的争议。在我国未来民事诉讼相关立法的完善过程中,应当在明确摸索证明地位的基础上,廓清其适用范围及效果,从而促进我国相关司法实践的顺利开展。 Groping proof refers to the parties in the civil litigation who bear the burden of proof can not be informed of the fact that the evidence and the relevant evidence of the detailed relationship between the proof of the subject only for general and abstract claims so look forward to the court investigation of evidence from the other side The parties get the relevant detailed evidence information activities. Due to the ambiguity of the object and the uncertainty of the means, there is a great controversy about how to find out whether it can be adopted in the lawsuit. In the process of perfecting the legislation of civil litigation in our country in the future, we should clarify its scope of application and effect on the basis of clearly ascertaining the status of proof, so as to promote the smooth implementation of related judicial practice in our country.