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随着北大方正与高术天力的对簿公堂,本案出现的一种名为“陷阱取证”的取证方式引起人们的广泛热议。在民事诉讼中,陷阱取证以其低成本、高效率成为许多当事人的选择,但我国对民事陷阱取证的态度一直暧昧不清、模糊不定,缺乏明确的规范和统一的标准。为完善我国民事陷阱取证制度,本文认为必须搞清楚民事陷阱取证的含义,分析此种取证方式的合法性和合理性并构建民事陷阱取证的相关制度框架。
With the Founder and Gao Tiantian courtroom, a case of “evidence-gathering” “evidence-gathering method” appeared in the case aroused widespread publicity. In the civil lawsuit, the tracing evidence collection has become the choice of many parties because of its low cost and high efficiency. However, our country’s attitude towards the evidence collection of the civil traps has been ambiguous and ambiguous, and lack of a clear standard and uniform standard. In order to perfect the system of forensic evidence of civil traps in our country, this paper holds the view that it is necessary to clarify the meaning of the evidence of civil traps, analyze the legitimacy and rationality of this way of evidence collection and construct the relevant institutional framework of the evidence of civil traps.