人民法院审判案件,必须以事实为根据,事实能否认定,必须有证据作基础.判决书是案件的审判结论,自应贯彻这一唯物主义的审判原则.民事判决书和行政判决书如此,刑事判决书中对证据要求得更高.过去写判决书,对证据在其中的重要性认识不足.表现在刑事判决书上的是,证据还是知道要列举,但是举得笼统抽象.如有的使用“事实清楚,证据确凿,被告人亦供认不讳”等公式化的套话,显得空洞无物;有的使用“被告人的上述罪行,有人证、物证、书证在卷,足以认定”等简单举证的神秘词句.表现在民事判决书上的是,多数的不写证据,少数的在叙事过程中提及证据,没有把证据提到判决书的内容要素中来.最高人民法院制订的判决书(包括解决实体问题的刑事裁定书 The trial of a people’s court must be based on the facts, whether the facts can be determined, and the evidence must be based on. The verdict is the conclusion of the trial of the case and should carry out the materialist principle of trial. In civil judgments and administrative judgments, in criminal judgments Demands for evidence are higher. In the past, written judgments lacked recognition of the importance of evidence in them. On criminal judgments, the evidence is still known to be enumerated, but general abstraction is used. If “facts are clear, evidence Conclusive, the defendant also confessed ”and other formulaic sets of words, there is nothing empty; some use the“ defendant’s crimes, personal evidence, physical evidence, the book is sufficient to identify, ”and other simple proof of concise words. In civil judgments On the one hand, the majority did not write evidence and the minority did not mention the evidence in the narrative process and did not refer evidence to the content of the verdict. The verdict (including the criminal ruling on substantive issues