关于证据客观属性的再思考

Reflections on the Objective Character of Evidence

证据的属性究竟为何,我国证据法学界一直存在着不同的意见和观点,尤其对于证据客观性之有无,法学界曾为此引发过数次争议。认真回顾这些争论,对各种观点分别加以梳理,并在此基础上对该问题进行再思考,将有利于我们更深层次地认识证据的属性问题。经过分析,我们不难发现,体现主客观认识统一的证据仍然是具有客观性的。

There exist different ideas and opinions as to the character of evidence in the field of science of law. The objective character of evidence has aroused disputes among scholars. Looking back at the disputes carefully and reorganizing the different opinions, we can give new consideration to this issue, which is beneficial for us to have a deep understanding of the character of evidence. After careful analysis, we can easily find that evidence possesses the character of objectiveness.