事实发现与程序保障

Fact-finding and Procedural Protection

法律事实与客观事实既交叉、重合,又存在一定的背离。缺少当事人确认的既往隐秘事件与庭审的时空区隔,是其成为法律事实与客观事实争论焦点的原因所在,而这一区隔及其衍生出来的技术限制和程序限制,又造成了庭审的事实发现活动的程序特色和裁定事实的主观色彩。

Legal fact comes across with objective fact and overlap each other, but deviate from each other in some occasions. The focus of legal fact and objective fact is that the parties can hardly assure the secret matters in the past and there are gaps in time and space in court and the matter. That gap and the limit in techniques and procedure therein make the activity of discovery in court have the flavor of procedure and subjectivity.