引言司法裁判过程以事实认定和法律适用为内容,就案件的处理来说,其事实部分和法律部分也许很难截然地区分开来,事实认定与法律诠释常常交织在一起,呈现一种互相依赖的态势。但是,如果就一般意义上的事实认定指案件争议事实最终被法官所确定(虽然该案件事实实际上已经是被法律格式化的事实),而 Introduction Judicial referee process is based on the factual determination and application of law. As far as the handling of a case is concerned, the factual part and the legal part may be difficult to be completely distinguished from each other. Facts and legal interpretations are often intertwined and present an interdependent situation. However, if it is generally accepted that the facts of the case are ultimately determined by the judge (although the fact of the case is in fact already fact-of-law formatted), and