证据和证明在诉讼中的地位,无论怎样强调都不算过分。甚至可以武断地说,裁判的技术实质上就是发现客观事实和建构法律事实的技术,而证明则是发现事实和建构事实的主要(不是唯一)手段和路径,因而也成为整个一审程序乃至成文法国家的二审程序的核心任务。也许正是缘于证据和证明的这一重要角色,更缘于诉讼法学界对这一角色日益深刻的认识,近年来赐稿于《中外法学》的诉讼法学方向的论文,不约而同地集中火力攻克证据与证明问题。我们欣喜地看到,许多研究已经由纯粹的技术视角,转向诉讼程序的 Evidence and proof of status in the lawsuit, no matter how emphasized, are not excessive. Arguably, it can be said that the technique of the referee is essentially a technique of discovering objective facts and constructing legal fact. Proof is the major (not the only) means and path of discovering facts and constructing facts, thus becoming the entire first instance procedure and even the civil law country The second-instance procedure of the core task. Perhaps it is precisely because of the important role of evidence and proof, which is further due to the increasingly profound understanding of this role by the litigation jurisprudence. In recent years, papers that have been drafted in the procedural law direction of “Chinese and foreign law” invariably focus their efforts on capturing Evidence and proof of the problem. We are pleased to see that many studies have shifted from purely technical perspectives to procedural