证据属性司法实践存在的问题及其应对

Problems in Judicial Practice of Evidence Attribute and Their Solutions

摘要: 证据属性，具有明确的内涵和详细的判断标准。然而，证据属性的实践，却混淆了其和其他既定概念的区别，并对其判断规则进行了全新的阐释。这一方面是出于法律人的知识局限，另一方面，则是基于某些制度性的利益考量之下的理性选择。证据属性含义的误用，导致了理论和秩序的混乱，应当予以纠正；而对于证据属性的判断规则的重新诠释，则应予以肯定。

Abstract: The attribute of evidence has clear connotation and detailed judgment standard. However, the practice of evidence attribute confuses the difference between it and other established concepts, and gives a new interpretation of its judgment rules. On the one hand, it is due to the limited knowledge of the legal person, on the other hand, it is a rational choice based on the consideration of some institutional interests. The misuse of the meaning of evidence attribute leads to the confusion of theory and order, which should be corrected, while the reinterpretation of the judgment rules of evidence attribute should be affirmed.