证据法体系化的法理阐释

Jurisprudential Explanation of the Systematization of Evidence Law

我国证据法规范与理论在蓬勃发展的同时,也面临着证据规范欠缺体系 性,理论话语来源复杂、彼此杂糅等现实困境。证据法理问题是证据法学的基础性 问题,也是证据法学与法理学的交叉地带。系统反思证据法体系化的法理问题,可 形成三个相对稳定的问题域:一是证据法的本体论问题,二是证据法的价值论问 题,三是证据法的规范论问题;这些问题分别从不同层面系统界定了证据法的整体 定位。通过对这三个问题域的梳理与整合,可以为理解与展望中国语境下证据法的 现状和走向提供理论上的参照系。法理学的整体性视角和反思性理念,可以为证据 法学科与规范体系提供整合平台。

In recent years,China has made many achievements in both the legislation and the research,while at the same time also encountered many dilemmas,including confusions of legal norms and multiple and mixed-up sources of theoretical discourse,in the field of evidence law.To realize the systematization of evidence law.China needs to solve these dilemmas and eliminate the existing confusions and conflictions.An effective approach to systematizing the norms and theoretical discourse of evidence law is to reintegrate them in the context of basic theories of evidence law.Topics of evidence theories are both the highlight of the theories of evidence law and the cross-zones between evidence law and jurisprudence.The basic theory of systematization of evidence law consists of three relatively stable topics;the ontology of evidence law,which mainly involves the scope and mode of existence of norms of evidence law;the value of evidence law,which involves the value objects pursued by norms of evidence law;and the norms of evidence law,which involves the internal arrangements of the system of norms of evidence law.These three topics have relatively stable problem domains and basic rationales,but different expressions and solutions in different countries.They define the basic position of evidence law in China from macro-perspective,meso-perspective and micro-perspective,respectively.The integration and review of these three topics provides basic reference frame and space of theoretical imagination for the evaluation of the current situation and trend of development of evidence law in China.In the process of formation of the evidence law in China.the holistic perspective and reflective mechanism of jurisprudence provide a platform for the effective integration of the discipline and norm system of evidence law.