论文部分内容阅读
证据只是证明待证对象的根据,这一载体既有客现的,又有主观的,自身并不必然具有客观性。证据之所以能够客观真实地反映和证明待证事实,就在于证据与待证事实之间存在的不以人的意志为转移的客观的联系。法律事务中运用证据证明案件事实的所有活动,都是研究和确认证据与待证事实之间的联系是否是客观的、真实的。因此,证据的客观性其实并非证据自身的属性,而只是证据与待证事实之间客观联系的不可或缺的属性。
Evidence merely serves to prove the basis of the subject to be witnessed. This vector is both subjective and subjective, and does not necessarily have to be objective in itself. The reason why the evidence can objectively and truthfully reflect and prove the facts to be proved lies in the objective connection between the evidence and the facts to be certified, which are not transferred from the human will. All the activities in legal affairs that use evidence to prove the facts of the case are to study and confirm whether the connection between the evidence and the facts to be proved is objective and true. Therefore, the objectivity of the evidence is not in fact an attribute of the evidence itself, but only an indispensable attribute of the objective connection between the evidence and the facts to be certified.