Abstract：Evidentiary adjudication is one of the important signs of progress of litigation and judicial civilization. There are three key concepts under the principles of evidentiary adjudication: facts, evidence and fact identification. They form a kind of logic relationship among proposition, the argument and conclusion. As a logical starting point of judicial proof, the case facts have legal determinacy which is different from the facts in philosophical sense, and also different from the fact that as a foundation for the judicial judgment. As the basis of the facts, the evidence emphasizes more the relevance and legitimacy in form. As a logical end point of judicial proof, fact identification is a rational, rigorous proof, but the case facts happened in the past, the fact-finder can only see the evidence, and can only use the evidence to find the facts, which determines the uncertainty of fact identification.
张中. 法官眼里无事实：证据裁判原则下的事实、证据与事实认定[J]. 浙江工商大学学报, 2017, 31(5): 23-31.
ZHANG Zhong. The Judge Ses No Facts：on the Facts, Evidence, and Fact Identification under the Principle of Evidentiary Adjudication. Journal of Zhejing Gongshang University, 2017, 31(5): 23-31.
2017, Vol. 31 
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