诉讼证据基本属性的阐析

诉讼证据的基本属性在传统上被认为是客观性、相关性和合法性,这是在我国长期流传的正统观点。但笔者认为并不能准确反映诉讼法学和证据学上的特点,应该用真实性、相关性和合法性来概括其基本属性,才有利于对诉讼证据的正确认识和把握。通过对诉讼证据基本属性的分析批判,可以深入了解诉讼法学和证据学意义上的关于证据属性的理论和司法实践有关问题,以期有利于我国的法制进程。

An Explanation of the Basic Attribute of the Lawsuit Proof

The basic attribute of the lawsuit proof was traditionally recognized as objectivism, relevancy and legitimacy. It is an orthodox opinion which has been accepted for a long time in our country. However it can not exactly reflect the characteristics of the lawsuit doctrine and proof doctrine. Instead the basic attribute should be summarized as actuality, relevancy and legitimacy, which will help us understand it correctly. Through the analysis and criticism on the basis attribute of the lawsuit proof, this article deeply explains the theory about the proof's basic attribute in the sense of lawsuit doctrine and proof doctrine as well as the relevant questions in the judicial practice, thus will promote the process of legal system in China.