无论是在古代审判还是现代审判中,证据是法官掌握案件真相、进行合理裁判的重要手段,对于案件的推理都离不开证据的辅助。在我国古代,有着一整套的证据制度规定,在鉴定技术、知识有限的情况下,也会运用“鬼神之术”来取证。本文简要论述了这种取证方式在古代社会的运用,分析在特定的历史语境下这种取证方式存在的原因及其存在合理性。 No matter in the ancient trial or the modern trial, evidence is an important means by which the judge grasps the truth of the case and makes reasonable referees. The reasoning of the case can not be without the support of evidence. In ancient China, there was a set of rules and regulations for evidential systems. Under the circumstance of limited appraisal and limited knowledge, “ghosts and gods” were also used to obtain evidence. This article briefly discusses the use of this way of forensics in ancient societies and analyzes the reasons for the existence of this way of forensics and its rationality in a given historical context.