诉讼证据概念的语义学浅析

A semantic analysis of the concept of procedural proof

诉讼证据是事实,但事实不同于物、人、事情,事实在事实界、以命题的形式存在,人、物、事情在现实界,是自在之物;诉讼证据是原发事实与案件事实的中介;诉讼证据作为事实总是与论证分不开;诉讼证据的论证又受合法性规范。

Procedural proof refers to facts but facts are not equal to objects or persons or affairs. Facts exist as proposition while objects or persons or affairs are things-in-themselves. Procedural proof is the medium between original case and the facts of the case. Procedural proof as a matter of fact cannot be separated from reasoning while the latter is restricted by law.