“公知常识”一种来自实践的免证事实规则——兼论“公知常识”在证据法领域的引入

Common knowledge as a practice-based rule of proof exemption——adiscussion on adopting the common knowledge rule in evidence law

"公知常识"作为一个知识产权行政管理和司法实践过程中的常用概念,在诉讼中常被作为免证事实纳入到司法实践中,并且在实践中具有证明力,符合我国立法和理论界关于证据定义的外延,所以应当是我国证据法规则的一部分。有必要从构建科学合理的免证事实规则、传闻规则、科学证据规则、引入判例机制、完善配套机制等方面,将"公知常识"引入到我国证据规则中。

As a common conceptrecognized by both judicial practice and intellectual property administration, common knowledge, in judicial proof process,bears probative value and isusually immune from being proved. Common knowledge fits in the denotation of evidence concept accepted by both legislative authorities and academics, so it should be regarded as a part of the evidence rulesin China. Thus, it＇s necessary to formally establishcommon knowledge ruleinour legislation system of China. The adoption of such rule could be realized in scientifically and reasonably establishing rules of proof exemption, rules ofhearsayand rules of scientific evidence,developing precedent mechanism as well as improving supporting mechanism.