神示证据制度后,西方国家选择的基本证据制度就是法定证据制度。法定证据制度的本质就是法律制约证据,这就是历代立法中犯下的最大错误。这一错误颠倒了意识和存在的关系、践踏了证据的客观属性、把证据问题人为地变成了法律问题。证据学研究证据及其规律,而证据及其规律都是事实问题,不是法律问题;证据学研究证明及其规则,而证明及其规则都是认识问题,也不是法律问题。由此来看,证据学根本不是法学。证据学是着重从实质层面研究证明的学问。逻辑学是从形式层面研究证明的学问,被称为“形式逻辑”。证据学就应称为“实质逻辑”。“实质逻辑”就是证据学的学科定位。 After the system of evidence of God shows that the basic evidence system chosen by the Western countries is the legal evidence system. The essence of statutory evidence system is evidence of legal restriction, which is the biggest mistake made in the legislation of previous generations. This mistake reversed the relationship between consciousness and existence, trampled on the objective property of evidence and artificially transformed the question of evidence into a question of law. Evidence studies evidence and its laws, and evidence and its laws are factual issues, not legal issues; Evidence Studies Proof and its rules, and proof and its rules are awareness, not legal issues. From this point of view, evidence is not law at all. Evidence theory focuses on the academic proof from the substantive level. Logic is learned from formal proof of research, known as “formal logic ”. Evidence theory should be called “substantive logic.” “Substantial Logic ” is the discipline of evidence science.