案件事实的形成及其法律判断

作为法律判断根据的案件事实区别于客观事实和规范事实,案件事实是在客观事实基础上依据规范的事实要件构筑的。案件事实及其判断既为法律规范所规定,又为社会生活实际所制约,兼有主客观共居的属性。案件审理中的事实认定与法律判断,不是两个可以简单分开的阶段或过程。案件事实和可得适用的法律的发现及其判断,几乎是同步进行并相互制约的。

Facts of a Case: Its Formation and Legal Judgment

The facts of a case, as the basis of legal judgment, are different from objective facts or normative facts. The facts of a case established on objective facts and structured according to conditions of normative facts. The facts of a case and its judgment base on legal norms, and restrained by social life, have the characteristics of combining objective and subjective. The establishment of a fact and legal judgment can not clearly cut off. The discovery and judgment of facts of a case and applicable law get along together and restrain each other.