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凡案件均有发生事实真伪不明的可能。证明责任的概念存在往往成为了法官推卸审判职责、怠于查明事实的借口,证明责任的机械、恣意适用等不恰当做法及证明责任分配规则的不完善,往往导致裁判中认定事实与客观事实存在巨大差距,司法公信力受到严重质疑。本文以最大限度接近客观事实和实现裁判的社会可接受性为目标,探索更为准确和有效的裁判路径,试图从理性的角度引导裁判者走出事实真伪不明的司法困境。
Where the facts are false or false. The existence of the concept of burden of proof has often become an excuse for the judge to shirk judgment, lax to find out the facts, proof of responsibility of machinery, arbitrary application of inappropriate practices and to prove that the rules of liability distribution is imperfect, often leads to the referee found the facts and objective facts There is a huge gap and the credibility of the judiciary has been seriously questioned. This article aims to explore the more accurate and effective referee path with the aim of maximizing the objective facts and realizing the social acceptability of the referees, and trying to guide the referees from a rational perspective to get out of the judicial distress of untrue truth.