证据法体系化的法理阐释
吴洪淇证据法体系化的法理阐释
Jurisprudential Explanation of the Systematization of Evidence Law
期刊名称：《法学研究》
期刊年份：
作者：吴洪淇
单位：中国政法大学证据科学教育部重点实验室
中文关键词：证据法；法理学；证据规范体系化
英文关键词：evidence law, jurisprudence, norms of evidences
中文摘要：
我国证据法规范与理论在蓬勃发展的同时，也面临着证据规范欠缺体系性，理论话语来源复杂、彼此杂糅等现实困境。证据法理问题是证据法学的基础性问题，也是证据法学与法理学的交叉地带。系统反思证据法体系化的法理问题，可形成三个相对稳定的问题域：一是证据法的本体论问题，二是证据法的价值论问题，三是证据法的规范论问题；这些问题分别从不同层面系统界定了证据法的整体定位。通过对这三个问题域的梳理与整合，可以为理解与展望中国语境下证据法的现状和走向提供理论上的参照系。法理学的整体性视角和反思性理念，可以为证据法学科与规范体系提供整合平台。
英文摘要：
In recent years, China has made many achievements in both the legislation and the research, while at the same time also encountered many dilemmas, including confusions of legal norms and multiple and mixedup sources of theoretical discourse, in the field of evidence law. To realize the systematization of evidence law, China needs to solve these dilemmas and eliminate the existing confusions and conflictions. An effective approach to systematizing the norms and theoretical discourse of evidence law is to reintegrate them in the context of basic theories of evidence law. Topics of evidence theories are both the highlight of the theories of evidence law and the crosszones between evidence law and jurisprudence. The basic theory of systematization of evidence law consists of three relatively stable topics: the ontology of evidence law, which mainly involves the scope and mode of existence of norms of evidence law; the value of evidence law, which involves the value objects pursued by norms of evidence law; and the norms of evidence law, which involves the internal arrangements of the system of norms of evidence law. These three topics have relatively stable problem domains and basic rationales, but different expressions and solutions in different countries. They define the basic position of evidence law in China from macroperspective, mesoperspective and microperspective, respectively. The integration and review of these three topics provides basic reference frame and space of theoretical imagination for the evaluation of the current situation and trend of development of evidence law in China. In the process of formation of the evidence law in China, the holistic perspective and reflective mechanism of jurisprudence provide a platform for the effective integration of the discipline and norm system of evidence law.
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