论刑事证据与案件事实之关系

On the Relationship between Criminal Evidence and Case Facts

认为“能够证明案件真实情况的一切事实 ,都是证据”,这并不正确。在诉讼中 ,证据并不就是事实。而事实并不是人。证据作为在诉讼中证明待证事实的根据 ,必须有物质形态 ,能够为人们去收集并向裁判者举示以证明自己的诉讼主张。诉讼中的证据与事实 ,是形式与内容的关系。事实是证据的内容 ,而证据是事实的载体 ,“人证与物证”是证据的存在形式 ;能够证明案件事实的 ,并不是证据 ,而是证据中蕴含的证据事实。证据并不就是事实 。

It is argued that it is not correct that every evidence able to prove the actual situation of a case is evidence. In litigation, evidence is not fact, and fact is not the witness. Evidence, as a clue to prove the fact that will be proved, must possess a physical state. It is a claim of litigation that is gathered by people and shown to judges. The relationship between evidence and fact is the one between form and content: fact serves the content of evidence, while evidence is the carrier of fact. Testimony of a witness and material evidence are the existent forms of evidence. Those able to prove the case fact are not regarded as evidence, but an evident fact embodied in the evidence. Evidence is not fact, but it must contain fact.