徹底清除證據問題上的盲點

Complete Elimination of the Blind Spots in Evidence

把意見、傳聞、言詞看作證據都是證據問題上的盲點。意見、傳聞、言詞都是人的意識，把意識看作證據是證據問題上最大的盲點。把證物等同於物證、證書等同於書證也是盲點。證物是物，證書也是物。把證據等同於物也是最大的盲點之一。形式證據觀把材料看作證據，本質上還是把人的意識看作證據，因而還是最大的盲點。證據只有兩重屬性：一為客觀性；二為關聯性。證據的合法性是西方法律製造的最大的盲點之一。證據有四大功能，中外學者大多只講證據是證明的根據，這還是一大盲點。西方國家的蓋然性證明標準也是重大盲點。必須徹底清除證據問題上大大小小的盲點，必須擺正意識和證據、法和證據的關係，必須全面掌握證據。否則，證據學將不能前進一步。

Taking opinions, hearsays and discourses as evidence are all the blind spots in evidence law. Opinions, hearsays and discourses all belong to people's consciousness, which is the largest blind spot in evidence law. Regarding things as evidence, certificates as paper evidence is also the blind spot. Both things and certificates are all things. It is the also the largest blind spot to equal evidence to things. The doctrine of formal evidence which regards documents as evidence is indeed equal people's consciousness to evidence, which can also be regarded as the largest blind spot. There are two characteristics in evidence: objectivity and connectivity. The legitimacy of evidence is the blind spots created by western law. There are only three types evidence, but there are eight types in China's law, which is also a blind spot. Academics in China and abroad only stress that evidence is the foundation to prove, while ignoring the four functions of evidence. The generalization standard in western countries is another blind spot in evidence. We can find many other blind spots in evidence which cannot be listed here in detail. Therefore, it is of great importance to eliminate all kinds of blind spots and clarify the relationship between consciousness and evidence, law and evidence to gain full command of evidence. Otherwise, the field of evidence study will not achieve any progress.