作为裁判的基础,法律和事实之界分,具有重要的含意。法律必须适用于案件事实。案件事实要么由当事人承认,要么由法院确定:其中的任何一种(事实认定)方式均不受法律的规制。法律决定何种类型的事实产生权利和义务;个案事实本身并不是由法律创设的,而是存在于法律之外的(客观)世界之中。当案件事实发生争议时,法律程序的功能是获悉这些事实为何,以便随后得出适当的法律结论。换句话说,司 As the basis of the referee, the division of law and facts has important implications. The law must apply to the facts of the case. The facts of the case are either recognized by the parties or determined by the court: none of them (de facto) methods are governed by the law. The law determines what type of facts give rise to rights and obligations; the case facts themselves are not created by law but exist in an (objective) world outside the law. When there is a dispute over the facts of the case, the function of the proceedings is to know the facts so as to arrive at the appropriate legal conclusion. In other words, Secretary