民間借貸案件證明過程之分析

Analysing the Proving Process in Cases of Private Loaning

近年來民間借貸案件激增，妥善解決糾紛方可維護社會穩定。證明借貸關係的基礎證據是當事人陳述及書證，其中書證主要包括措據及轉帳憑證。書證既有優越性也有局限線。民間借貸案件當事人的舉證責任在不同的階段有「舉證完成」與「後果承擔」兩層不同的意義。經驗法則、測謊技術皆可運用於證明過程。法官應全面、客觀地審核各種證據，運用邏輯推理和經驗法則對證據進行綜合評判。民間借貸案件應確立以法律真實為基礎的高度蓋然性證明標準。The cases of private loaning surge in recent years, resolving the disputes appropriately is the im-protant measure to stabilize society. The parties'statement and documentary evidence are the fundamental evi-dences. The IOUs and transfer vouchers are documentary evidences. Documentary evidence has both advanta-ges and disadvantages. The burden of proof of the parties has different significance. in the first stage, it means completion of the burden;in the second stage. it means taking the consequences. in the first stage, it means completion of the burden;in the second stage. it means taking the consequences. Judge can aply the experi-ence rules and polygraph before rendering judgement. Judge should review the evidence comprehensively and objectively, combining with logic reasoning and experience, and make decision on the basis of evidence. The proof standard in cases of private loaning should be the high degree of probability based on legal truth.