在整个诉讼中,证据所扮演的角色无疑是决定性的。无论是当事人使用证据证明自己所主张的事实,还是法官使用证据做出相关裁决,其本质都是以证据作为认定特定案件中所发生过的事实,这是一种人类逻辑上的还原和在现过程。对于此过程,无论如何精细其运作的程序,都无法避免事实认定活动本身所带来的两次认知风险,尤其在以证人证言为证据认定事实时,这两次风险导致证明结果存在偏差的可能性更大。 The role of evidence throughout the lawsuit is undoubtedly decisive. Whether the parties use the evidence to prove the facts they claim or the judges use the evidence to make the relevant decisions, the essence of which is evidence based on what happened in a particular case, which is a kind of human logic to restore and present process. For this process, however, the procedure of fine-tuning its operation can not avoid the two cognitive risks brought by the fact-finding activity itself. In particular, these two risks lead to the deviation of the proof results, especially when the facts are confirmed by witness testimony More likely.