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运用证据认定案件事实是“以事实为依据”法律适用原则在民事诉讼中的具体体现,而运用证据的方法就是证据方法。虽然我国民事诉讼理论和审判实践并没有形成统一的证据方法概念体系,对民事证据的运用也通常从谁主张谁举证这一举证责任的角度进行静态阐述,但法官抑或当事人如何运用证据来证明案件事实,运用证据的过程是否存在法定的标准,这是审判实践中必须面临的问题。
The use of evidence to determine the facts of a case is a concrete manifestation of “factual basis ” the principle of legal application in civil litigation, and the method of using evidence is the method of evidence. Although the theory of civil procedure and trial practice in our country did not form a unified concept system of evidence methods, the use of civil evidence is usually statically described from the perspective of who should support the burden of proof. But how can the judge or the parties use the evidence to prove the case? The fact that there is a statutory standard for the process of using evidence is a problem that must be faced in the trial practice.