对“法律真实”的再认识

Recognition on the Theory of "Legal Truth"

"法律真实"说是近年来以批判"客观真实"说为基础提出的关于司法证明标准的一种理论观点。与"客观真实"说相比较,"法律真实"说符合诉讼实际,具有可操作性,它对案件事实的理性认识,对我国长期以来形成的"重实体,轻程序"的社会心理具有正向的导引和教育作用。但"法律真实"说实质上在证明标准上的模糊态度使司法证明标准失去了理想和方向,导致了法官在诉讼中不负责任的现状,笔者赞成以法官的职业道德为司法证明的最高标准。

The theory of legal truth which based on the doctrine of objective reality has been criticized by most scholars in recent years.Comparing to the doctrine of objective reality,the legal truth theory is more applied to the practice of the litigation and easy to operation.In respect of the rationality cognition of the case facts,the new theory would significantly conduct the social consciousness of ＂value substance,devalue procedure＂ in a positive effect.However,the vague position on the standard of proof could lead the legal truth theory to a crossroad.In my opinion,the misleading and fallen ideal of standard of judicial certification may cause the judge become careless and irresponsible in the litigation.As far as I am concerned,the code of ethics and professional responsibility of judge should be the highest standard of judicial certification.