庭前证供的证据能力即是庭前证供作为一种证据(主要是控方证据)被法庭所接受的资格。庭前证人证言和被指控人的陈述作为证据的一个种类,是具有被法庭采纳的可能性的,并不因为法律的禁止性规定(如传闻法则)而排除在法庭之外。然而对于某个具体案件而言,其进入法庭以后,最终得以作为控方指控被告人犯罪的证据或者证明被指控人无罪、罪轻的证据被法庭所采纳,就需要具有相应的证据能力。本文从以下两方面入手:一是庭前证供作为一般证据的证据能力的角度所应具备的自身属性;二是从证据能力规则角度对庭前证供的证据能力加以界定。 The evidence of the evidence before the court is the evidence that the evidence before the court is accepted as a kind of evidence (mainly the prosecution evidence). Pretrial testimony testimony and the accused’s statement as a category of evidence is likely to be adopted by the courts and is not excluded from the courts because of prohibited provisions of law, such as hearsay rules. However, in a specific case, after entering the court, it can finally be used as evidence that the prosecution accuses the defendant of the crime or prove that the accused is not guilty. If the evidence of the crime is taken by the court, it needs the corresponding evidence ability. This article starts from the following two aspects: First, the self-attribute that should be provided from the perspective of evidence ability of evidence before court; secondly, the evidence ability of evidence from pre-trial evidence is defined from the perspective of evidence ability rules.