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我国的证据法定形式只有八种,诉讼中证据只能以这八种法定形式存在,不能再包括其他任何形式的证据。这样的证据法定形式存在三个深层次问题:一是证据法定形式呈现封闭性,很多证据无法归入八种限定的法定形式;二是法定证据定义阙如,各证据法定形式内涵外延不确定;三是证据法定形式划分标准混乱,各证据法定形式相互交叉叠床架屋。这种不合理的立法规定导致了司法实践中证据法定形式形同虚设。因此,对现行的证据法定形式进行批判,着力解决上述三个问题,是非常必要的。
There are only eight legal forms of evidence in our country. The evidence in the proceedings can only exist in the eight legal forms and can not include any other forms of evidence. There are three deep-rooted problems in the statutory form of such evidence: first, the legal statutory form of the evidence appears closed and many evidences can not be classified into the eight statutory statutory forms; second, the definition of the statutory evidence lacks that the connotations of the statutory forms of the evidences are extended indefinitely; Is the legal form of evidence is divided into chaos, the legal forms of the evidence cross each other overlapping bed racks. This unreasonable legislative provisions lead to the legal form of evidence in the judicial practice as a whole. Therefore, it is very necessary to criticize the existing statutory forms of evidence and make efforts to solve the above three problems.