论宋代书证在司法程序中的运用

Research on the Using of Documentary Evidence in Judicial Proceedings in the Song Dynasty

作为诉讼证据的书证在宋代的司法审判中已得以广泛运用,并形成了一系列比较完善的司法程序。宋代司法审判中对书证证明力的判断,往往会依据书证的外表、内容、制作主体及制作程序等方面进行判断,而在采用这些书证时,又会受到法官的生活经验和传统伦理法思想的影响。

As litigation evidence, documentary evidence has been widely used in the trial in the Song Dynasty, and the using of documentary evidence has already formed a series of relatively perfect judicial proceedings. At that time, the judge of that probative power of documentary evidence was often on the basis of their producers, production process, the external form, content and so on. The introduction of documentary evidence was often affected by the judge’s life experiences and traditional ethics law thought.