研究证据意义上的事实,有助于准确把握事实与事物,案件事实与证据事实的联系与区别,有助于准确理解与把握我国刑事诉讼证据规定首次明文确立的证据裁判原则、意见证据排除规则。事实与事物既有同一性又存在明显差别。事物是事实的载体,事实是事物现象的表述;事物会发生变化,事实却不会变化,事物的变化导致产生新的事实;事物的反面是无,事实的反面是假。案件事实不同于证据事实,案件事实不是适用法律的依据,证据意义上的事实才是适用法律的根据;案件事实的存在形式不受限制,无法被消灭,却有赖于证据证明,证据意义上的事实不仅存在形式和表现方式要受限制,而且还可能被消灭;证据意义上的事实除了具有客观性特征外,还具主观性特征。证人证言中的事实与意见的界定,以及确定证人证言意见性陈述“合乎一般生活经验判断”的方法,证人根据专业知识就专业问题作出的评论与判断意见性陈述应具有证据事实属性。 It is helpful to accurately grasp the connection and difference between facts and things, the facts of cases and the facts of evidence, and help to accurately understand and grasp the evidence referee principle and the proof of evidence exclusion rules established for the first time in the evidence provisions of criminal procedure in our country . Facts and things both identity and there are obvious differences. Things are the carrier of fact, facts are expressions of things and phenomena; things change but facts do not change; changes of things lead to new facts; things are no, facts are false. The fact of the case is different from the fact of the evidence. The facts of the case are not the basis for the application of the law. The facts in the sense of evidence are the basis for the application of the law. The existence of the facts of the case is not restricted and can not be eliminated, but depends on evidence, evidence In fact, not only the form of existence and the way of expression should be limited, but also the possibility of being eliminated. The evidence-based fact has subjective characteristics besides objectivity. Witness testimony in the definition of facts and opinions, as well as to determine the testimony of witness statements “in line with the general life experience to judge ” approach, the witness according to professional knowledge on professional issues of opinion and judgment of opinion statements should have evidence of factual attributes.