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诉讼法上的证明标准,有法律真实和客观真实两大分类。法律真实说是目前的通说,坚持任何案件实事已成为历史、任何裁判者并非神明,当事人主张且裁判者最终认定的实事应达到法律规定的证明标准,而非必须以客观实事为标准。证据是诉讼核心,证据法应以法律规则对证据的运用严格规制,并对任何一种证明标准学说保持谨慎的怀疑。法律真实一定程度上缺乏操作性,而使得客观真实与法律真实之取舍成为诉讼法一贯的研究重点。
The procedural standards of proof, there are two major categories of legal reality and objective reality. The truth of the law is the current one. Adhere to any case facts have become history, any judge is not a god, the parties claim and the final judge of the real thing should meet the legal standards of proof, rather than the objective and must not be the standard. Evidence is the core of the lawsuit. Evidence law should be strictly regulated by law with the application of evidence and be cautious about any kind of proof of doctrine. To some extent, the legal truth lacks operability, leaving the selection of objective reality and legal truth as the focus of litigation law consistently.