证据法学的理论基础

证据法学是研究证据规则的学科,它是以诉讼活动为基础并存在于诉讼活动中的,以刑事诉讼为例,刑事诉讼活动是一种认识活动,受认识论的指导,因此,证据法学也是以认识论为其理论基础的。另一方面,程序正义论也是证据法学的理论基础,只不过认识论与程序正义论处于不同层次而已,证据法学的理论基础是以认识论为原则,以程序正义论为例外。

The theoretical basis of Evidence Law

Evidence law is a subject to study the rules of evidence. Evidence law exists in the litigation activities while basing on it. crime ligation activities which is one kind of litigation activities are awareness activities and guided by the epistemology. So evidence Law is based on the epistemology too. Besides, procedural justice theory is also the theoretical basis of evidence Law. But as the theoretical basis of evidence Law, epistemology and procedural justice theory are at different levels. Epistemology as the theoretical basis of Evidence Law is principal while procedural justice theory is exceptional.