论“以事实为根据”原则

On the principle of "according to facts

“以事实为根据”原则有其存在的合理性外 ,对客观真实的无限夸大追求也是此原则的最大弊端。“以事实为根据”原则的重新定位及正确释义应以程序公正为出发点 ,力求程序公正与实体公正的统一。实际上 ,司法公正的崇高价值在于法律事实与客观事实最大程度的吻合。为此 ,需设计相应的制度及运行机制。

The principle of 'according to facts' is rational for its existence, but at the same time, has its gravest drawback in that it persistently pursues an absolute objectivity of facts. A relocation and new definition of this principle should start from a fair procedure, and finally come to a unification of the fair procedure and the fair entity. In practice, the highest value for a fair jurisdiction is just dependent upon the highest agreement of lawful facts with objective facts. It is therefore necessary to draft up certain system and mechanism corresponding to this situation.