证据法学究竟是怎样的一门学科?早在威格莫尔之前,~([1])证据法学的学科属性就成为众多英美证据法学家思考的一个重要问题。事实上,直到前几年,仍然有学者在怀疑证据法学是否是一门法学以及它能否成为一门独立的法学的问题。~([2])由于在证据理论发展的早期阶段,证据法学与证据学之间的界限模糊不清,导致了人们对证据法学的独立学科地位产生了质疑,以至于当下仍有学者提出,“证据学根本不是法学”。~([3])当然,也有 As early as Wigmore, the subject attribute of evidence jurisprudence has become an important issue for many Anglo-American evidence jurists to think. In fact, until a few years ago, there were still scholars doubting whether evidence law is a law and whether it can become an independent law. Due to the ambiguous boundaries between the law of evidence and the field of evidence in the early stages of the development of evidence theory, people have questioned the status of the independent discipline of law of evidence, so that some scholars still propose that, “Evidence is not law at all.” ~ ([3]) Of course, there are