案件事实的概念及构成辨析

On the Concept and Composition of Case Fact

事实并不等同于事物本身;事实也表示为人们对于事物存在状况的正确认知。刑事诉讼中的案件事实,实际上也是犯罪嫌疑人实施的,依照刑法规定应当追究其刑事责任的行为及其相关情况在人这一主体的大脑中的呈现,是主体依据现有的法律概念、理念,通过对犯罪行为及其相关情况的认知而得到的一种正确的符合实际情况的命题判断。案件事实的构成主要是实体法事实,此外,也只能是既往事实。

Fact does not necessarily equal to thing itself and it is also people's correct cognition of the existing state of things. The case fact in criminal lawsuits is the behaviors that implemented by criminal suspects and should be prosecuted for the criminal responsibility and the display of their related situations on the mind of human beings, the main body, is a correct prepositional judgment in accordance with the practical situation which the main body obtains from legal concepts and from the understanding of criminal behaviors and the related situations. Case fact is made up of substantive law fact, and in addition, it can only be past fact.