证据是事实。因为,只有事实才是认识的基础、证明的根据、检验的标准、思想的指南。事实的这四大功能正是证据的四大功能。证据的客观属性决定了,证据问题不受法律调整和制约。因此,证据问题不是法律问题。把证据问题看作法律问题,就把证据问题法律化了。证据问题法律化的实质就是模糊化,即法眼看证据,越看越模糊;法眼看事实,越看越模糊;法眼看真实,越看越模糊。证据问题法律化的后果是案件错判率飙升,因为,法律化后采用所谓盖然性标准,这就把证明标准主观化、虚浮化了。执行这样的标准,必然会使案件错判率飙升。证明标准是真实的样板,它本身必须是一种真实。真实有客观层面和主观层面。客观层面有实体真实和实质真实。主观层面有心证真实和形式真实。实体真实因是绝对真实,故不宜作证明标准;心证真实因不能检查、检验和监督,也不宜作证明标准。形式真实有局限性,只能作证明的低标准。证明的高标准只能是实质真实。 Evidence is fact. For, only facts are the basis of cognition, the basis of proof, the standard of test, the guide of thought. These four major facts of fact are precisely the four major functions of evidence. The objective property of the evidence determines that the evidence issue is not subject to legal regulation and restriction. Therefore, the issue of evidence is not a legal issue. Taking the evidence issue as a legal issue, the issue of evidence is legalized. The essence of legalization of evidence is fuzzification, that is, when the law sees the evidence, the more it looks, the more vague it is. The more the law looks, the more the more it is blurred. The more the law looks, the more the more it is blurred. The consequence of the legalization of the evidentiary issue is that the rate of miscarriage of justice in the case soars because the so-called causal nature of the law is adopted, which subverts the standard of proof to a degree that has been subverted. The implementation of such a standard will inevitably lead to a rise in the rate of miscarriage of justice. Proof of the standard is a real model, which itself must be a real. Real objective and subjective level. The objective level is real and real. The subjective level of authenticity and true form. Because the real entity is absolutely true, it is not advisable to prove the standard; the true cause of the heart can not be inspected, examined and supervised, and it is not appropriate to prove the standard. There are real limitations, can only be used to prove the low standards. The high standard of proof can only be real.