比较视野下的证据关联性及其判定

关联性在各国证据法体系中均占据重要地位,但关于关联性的涵义各异。证据关联性的判定是一个世界性难题,受各国立法中设定的证据规则、司法中法官的自由裁量权的影响。不同的证据种类与分类的审查判断方法又各不相同,总的来说要立足于证据的功能进行判定。

Evidence Relevancy and its Judgment from the Perspective of Comparison

Relevancy plays an important role in evidence law system of every country,but its connotations are different.The judgment of evidence relevancy is a worldwide difficult problem because it was affected by evidence rules in legislation and judges’ discretion in judicature.Different types and classifications of evidence have different judgment methods.All in all,the judgment of evidence must be based on the functions of evidence.