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传统的证据法以提高司法证明的精确性和实现证明结果的正当性为主要发展动力,并在此基础上构建了高度形式化司法证明程序。但是,在进入20世纪以后,传统证据法赖以存在的哲学、社会以及法学基础发生了变化。面对这些变化,当代证据法应重新确定理性的范围与实现理性的方法,更多关注证据法的协调功能而非认识功能,为更注重“实质”而非“形式”的司法证明提供正当化途径,使证据法成为一个开放的、可以不断发展的法律体系,使司法证明活动成为沟通立法者意图与社会现实需求的桥梁与纽带。
The traditional evidence law is the main impetus to improve the accuracy of judicial evidence and the legitimacy of the proof results, and on the basis of which a highly formalized judicial proof procedure is constructed. However, after the 20th century, the traditional evidence law has changed based on the existing philosophy, society and law. In the face of these changes, contemporary evidence law should redefine the scope of rationality and the method of realizing rationality, pay more attention to the coordination function of evidence law than to recognize the function, and make it a judicial system that focuses more on “substance” rather than “form” Proving to provide a way to justify making Evidence Act an open and evolving legal system that makes judicial evidence a bridge and link between the intention of lawmakers and the needs of social reality.