我国目前在三大诉讼中都借鉴吸收了国外的证据开示制度(discovery),初步形成了证据交换制度。旨在使当事人双方在开庭审理前能对对方所要出示的证据有一定知悉,从而防止对方突然的证据偷袭。但对我国目前整体法律环境而言,只是对国外先进制度粗疏的模仿,还有诸多缺陷与不足,值得我们反思。 At present, China has borrowed the discovery of evidence discovery system in all three major litigations and formed the evidence exchange system initially. The purpose is to allow both parties to have some knowledge of the evidence to be produced by the other party before the hearing so as to prevent the other party from making a surprise attack on the evidence. However, for the present general legal environment in our country, it is only a rough imitation of advanced foreign systems and there are still many shortcomings and deficiencies that deserve our reflection.