第一,根据《刑诉法》第四十五条规定,证据是客观存在的事实,不是人们主观想象猜测或捏造出来的虚假东西,它必须与案件事实有某种联系,并用以证明案情;证据还必须具备法律规定的形式和必须是依照法定程序收集运用的。因此,无论是立案前的初查,还是立案后的侦查、审查逮捕、审查起诉各诉讼过程中,依法获取的材料,只要是与案件事实有关联的客 First, according to Article 45 of the Criminal Procedure Law, evidence is an objective fact. It is not a false thing that people subjectively guess or fabricate. It must have some connection with the facts of the case and prove the facts. Evidence must also be in the form prescribed by law and must be collected and applied in accordance with legal procedures. Therefore, whether it is the preliminary investigation before filing, the investigation after the filing of a case, the examination and appraisal of the materials obtained according to law during the arrest and prosecution of litigation, as long as the case is related to the facts of the case