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由于当事人在民事活动中的证据意识薄弱、司法技术的探知制约以及法院司法的有限理性等原因,总会出现双方当事人穷尽了一切证明手段,也不能提供压倒对方的证据,使得法官经过庭审之后仍不能认定事实真相。那么在事实真伪不明情况下,法官应该遵循什么样的裁判规则才能体现司法的可接受性呢?本文将试图引导其走出事实真伪不明的司法困境。
Due to the weak awareness of the parties involved in civil activities, the detection and restriction of judicial techniques and the limited rationality of judicial courts, there is always the possibility that both parties have exhausted all means of proof and can not provide evidence of overwhelming each other, so that after the judges are still tried Can not determine the truth. Under the circumstances that the authenticity of the facts is unknown, what kind of rules should be followed by judges to reflect the acceptability of the judiciary? This article will try to guide them out of the judicial difficulties of unknown truth.