传统证据概念的拓展性分析

An Extended Analysis of the Traditional Concept of Evidence

作为证据概念之争焦点的证据真假问题,必然涉及事实、命题和证据的关系问题。证据的认识论根基是事实,其逻辑形式是命题,将证据归入事实范畴的证据定义在理论上是可以成立的,其面临的所谓解释难题可以成功解释。引入言语行为理论对证据指涉的分析表明,证据指涉的事实和命题有层次之分,理论上可将证据限定为其中可在程序上直接确定的事实,此意义上的证据可以满足所谓证据必真的要求。证据与求证事实(命题)之间的关系问题涉及对证据概念的理论把握。证据命题与求证命题之间不是分析性逻辑关系,二者不构成符合关系,证据事实也不是求证命题之真的核实性标准。

The true-or-false issue,traditionally regarded as one of the most controversial issues in the concept of evidence,necessarily concerns the relationship between fact,proposition and evidence.The epistemological basis of evidence is the fact,and its logical form is the proposition.A definition of evidence that includes it in the category of fact is theoretically tenable,thus successfully resolving the so-called issue of difficulty of interpretation.An analysis of the referents of evidence using speech behavior theory shows that they are divided into the different levels of fact and proposition.Theoretically,we could limit evidence to facts that can be directly determined through procedure.Evidence in this sense should meet the needs of the 'evidence-must-be-true' principle.The question of the relationship between evidence and facts(propositions) seeking confirmation involves the theoretical grasp of the concept of evidence.The relationship between evidentiary propositions and propositions seeking confirmation should not be analyzed as a logical relationship.The two do not constitute a compatible relationship,and the evidentiary fact is not the criterion for checking propositional logic.