证据内涵与外延之重新界定

A Redefinition of the Denotation and Connotation of Evidence

传统证据概念在逻辑、立法和司法实践上都存在不少误区和缺陷。证据概念的界定首先必须明确考察的视野,应把握证据的动态发展和分层意义及其特征,应借鉴英美法将其修正为证据标准。根据不同层面和阶段,涉诉证据可以分为三个层次形态,即诉前状态的案件证据、诉讼状态的诉讼证据和裁判状态的采信证据。现有证据形式存在诸多弊端,亟待发展完善。

There are many mistaken ideas and defects in the traditional concept of evidence in terms of logic, legislative terms and practices. To redefine the concept of evidence, it is imperative to clarify the vision of our investigation, have a good command of the dynamic development and the sub-level meanings and their related features of this concept and establish our own standard for evidencing by drawing on British and American laws. In accordance with the different levels and stages, evidence is to be divided into three forms: pre-evidence before the lawsuit; evidence in the action during the lawsuit and heard evidence in the trial process. The current evidential forms comprise quite many malpractices and therefore have to be improved.