法律事实的概念

The Concept of Legal Fact

法律与事实存在着相对的区分。法律事实有别于哲学上的事实、生活事实、制度事实,它具有客观性与主观性二重属性及规范性、具体性等属性。法律事实是能够引起法律关系演变的事实。站在司法裁判的立场上来看,法律事实是由法律所规定的,被法律职业群体证明、由法官依据法律程序认定的"客观"事实。

There is a relative differentiation between law and fact. Legal fact is different from the philosophical fact, systematical fact and that in life, which boasts of dual natures of objectivity and subjectivity, the normal, concrete natures and so on. It is the fact that can make the legal relations evolve. From the perspective of judicial judgment, it refers to the fact that regulated by law, proved by the group of legal profession and the objective fact identified by the jurists in accordance with the legal procedure.