证据、证明与诉讼活动的关系

The Relationships Between Evidence、Proof And Action

本文用辩证唯物主义哲学的观点 ,解析了证据、证明和诉讼活动三者之间的关系。文章认为 :证据属于客观的物质范畴 ,证明属于主观的意识范畴 ,两者既有区别又有联系。证据和证明 ,只有在诉讼活动中才得以结合 ,实现主客观的统一 ,也才能实现揭露事实真相、准确结案的目的。

There have been two contrastive viewpoints all a1ong in lega1 academia. Some persist in that evidence is the unitycombine subjectivity and objectivity. On The contrary, others insist on that proof should be so just now. The two viewpoints are usually used directing edict so that they confuse evidence and proof as foundation for action and make the action unscientific. After analyzing the reiationships between them, the paper points out evidence belong to objective material category while proof belong to subjective ideological category. There are apparent distinctions and close coflicts among them. Only in action, evidence and proof can be combined and achieve the unity of subjectivity and objectivity.Then, we can expose the real facts and wend up a law case exactly.