民事诉讼程序在整体流程上可分为查明事实和适用法律两大步骤。案件事实的正确认定是正确适用法律的前提,构成正当性裁判的基础,也是民事诉讼的核心和灵魂。伯恩·魏德士说:“实践中如果有一千个事实问题,那么真正的法律问题还不到事实问题的千分之一。”在民事审判中,相当多的疑难案件成因是事实真伪难辨,法官对于事实如何认定难以形成内心确信,从而影响裁判正确及时地作出。正如美国米勒大法官所说:“在我的经验中,由九名法官组成的美国最高法院在开会时,我惊奇地发现,这些法官们经常很容易在法律问题上达成 Civil procedure in the overall process can be divided into two major steps to identify facts and applicable law. The correct identification of the facts of the case is the premise for the correct application of the law, which forms the basis of the justification of the judgment and is also the core and soul of the civil lawsuit. ”If in practice there were a thousand factual questions, then the real legal issue was less than one-thousandth the number of factual questions.“ ”In the civil trial, quite a few difficult cases are caused by the fact that It is difficult to discern the truth and the judge’s determination of the truth is hard to form the inner conviction so as to influence the referee to make the right and timely manner. As Judge Miller of the United States said: "In my experience, the Supreme Court of the United States, made up of nine judges, was surprised to find that these judges are often easily reached on legal issues