试论司法认知的运用规则——与证明的差异对比分析

On the Application Rules of Judicial Notice by the Comparative Analysis to the Proof

在我国,司法认知与证明之间的区分一直不甚明了,这给司法认知运用规则的确立造成了一定困扰。司法认知作为一种与证明的并列的事实认定方法,其在思维模式、认定机理中所运用的法则上都与证明存在明显的差异,因此,本文试分析两者之间存在的差异,借此明确司法认知的运用规则。

The distinction between Justice Notice and Judicial Proof has not been clarified clearly in our country. This caused distress for the application of judicial notice. Justice notice is a kind of methods for finding of facts, which is in parallel with finding of facts. Justice notice has its own characteristics in thinking mode and rules to identify fact compared with proof. And this paper is trying to analyze the difference of the two methods so that we can find out the rules of how to use the justice notice.