试论我国审查判断证据的原则及其理论根据

Preliminary Discussion on the Principles of Reviewing Evidence and its Theoretical Basis

审查判断证据原则事关重大 ,具有证据制度乃至诉讼制度的旗帜性。民诉、行诉司法解释对此已有界定。应顺应历史潮流将以合理心证主义、证据裁判主义与法定证据规则相融合 ,将纯职权主义与当事人主义。

The principle of reviewing evidence is of great importance and possesses the leading position of evidence rules or even procedural rule. It has been defined in civil and administrative judicial interpretations. In order to be consistent with historical trend, the doctrine of reasonable discretional evaluation of evidence, the doctrine of evidence judgment, and the principle of statutory evidence shall be inosculated to syncretize pure ex officio doctrine, adversary system, and doctrine of finding truth and make it the theoretical basis.