彻底清除证据问题上的盲点

Complete Elimination of the Blind Spots in Evidence

把意见、传闻、言词看作证据都是证据问题上的盲点。意见、传闻、言词都是人的意识,把意识看作证据是证据问题上最大的盲点。把证物等同于物证、证书等同于书证也是盲点。证物是物,证书也是物。把证据等同于物也是最大的盲点之一。形式证据观把材料看作证据,本质上还是把人的意识看作证据,因而还是最大的盲点。证据只有两重属性:一为客观性;二为关联性。证据的合法性是西方法律制造的最大的盲点之一。证据有四大功能,中外学者大多只讲证据是证明的根据,这还是一大盲点。西方国家的盖然性证明标准也是重大盲点。必须彻底清除证据问题上大大小小的盲点,必须摆正意识和证据、法和证据的关系,必须全面掌握证据。否则,证据学将不能前进一步。

Taking opinions,hearsays and discourses as evidence are all the blind spots in evidence law.Opinions,hearsays and discourses all belong to people＇s consciousness,which is the largest blind spot in evidence law. Regarding things as evidence,certificates as paper evidence is also the blind spot. Both things and certificates are all things. It is the also the largest blind spot to equal evidence to things. The doctrine of formal evidence which regards documents as evidence is indeed equal people＇s consciousness to evidence,which can also be regarded as the largest blind spot. There are two characteristics in evidence： objectivity and connectivity. The legitimacy of evidence is the blind spots created by western law. There are only three types evidence,but there are eight types in China＇s law,which is also a blind spot. Academics in China and abroad only stress that evidence is the foundation to prove,while ignoring the four functions of evidence. The generalization standard in western countries is another blind spot in evidence. We can find many other blind spots in evidence which cannot be listed here in detail. Therefore,it is of great importance to eliminate all kinds of blind spots and clarify the relationship between consciousness and evidence,law and evidence to gain full command of evidence. Otherwise,the field of evidence study will not achieve any progress.