최근 10년 동안 대만 민사소송법의 동향-증거법을 중심으로-

For over a decade of years, the most significant issues regarding theCode of Civil Procedure in Taiwan , no matter legislatively, theoreticallyor practically, include: legal theory debates on burden of proof, theintegrated legislation of procedure law for family cases, the newformulation of revocation action by a third party, the protection of rightto hearing, the emphasis on litigation efficiency as well as one‐offsdispute resolution, the enhancement of the concentrated trial system andthe revolutions towards both second instance and third instance, etc. There is also material controversy between such mentioned revolutionsand the general principles of the Code of Civil Procedure, especially interms of adversarial principle and doctrine of disposition, when applyingdifferent system arrangements to various types of case. Besides, the Family Matters Law of R.O.C, released on January 11,2012, has already been enforced on June 1of the same year. It combinescontentious cases and non‐contentious cases into one single law, whichwere previously regulated in the Code of Civil Procedure and the NonlitigiousMatters Law. In the academic community, there are still somearguments remained highly divergent, among others, as to the segment ofcase types, the combination of procedures and the procedural switch mechanism. Due to limitations on space, this article is started with Taiwan’s recentdevelopments in evidence law and aimed to briefly introduce importanttopics for reference, which have drawn attention most recently fromTaiwan academic community in the Code of Civil Procedure. For example,fishing expedition, the obligation of truth and completeness, etc.