论文部分内容阅读
诉讼证据能力,也即诉讼证据资格,是指某种事实和材料可以作为诉讼证据加以提出、调查、收集和运用的资格。它主要解决哪些事实和材料可以作为诉讼证据加以采纳,哪些不能作为诉讼证据加以采纳的问题。因此,诉讼证据能力的概念,有时又被诉讼证据的可采性或诉讼证据的适格性所取代。我国台湾学者陈朴生就认为:“何种资料,可供严格的证明;称此具有可为严格的证明资料之能力,为证据能力,或称证据资格,亦即证据适格性。” ①我国大陆学者也认为:诉讼证据的可采性,是指“证据必须在法律所
Litigation evidence ability, that is litigation evidence eligibility, refers to the fact that some facts and materials can be presented as litigation evidence, investigation, collection and use of qualifications. It mainly addresses what facts and materials can be adopted as evidence of litigation and what can not be taken as evidence of litigation. Therefore, the concept of litigation evidence ability is sometimes replaced by the admissibility of litigation evidence or the suitability of litigation evidence. According to Chen Pu-sheng, a Taiwanese scholar in Taiwan, “what kind of information is available for rigorous proof; that it has the ability to be a rigorous documentary proof of evidence ability or qualification of evidence, that is, evidence of suitability.” ① Mainland China Scholars also think: Admissibility of litigation evidence means “evidence must be in law.”