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司法认知是世界上许多国家证据法上所普遍适用的就某些特定的案件事实由法官直接加以确认 ,从而免除当事人举证责任的一种诉讼规则。我国关于司法认知的立法与研究同外国相比差距较大 ,在民事诉讼中如何客观地界定司法认知的对象范围 ,尚需深入研究。笔者认为 ,民事诉讼司法认知对象有事实和法律两方面。事实范围包括众所周知的事实、司法事实、政府事实、易于获知的事实 ;法律范围包括本国法、国际条约和惯例、外国法。
Judicial cognition is a kind of lawsuit rule generally applicable to the law of evidence in many countries in the world that is directly confirmed by the judge in some specific cases and thereby exempts the parties’ burden of proof. The legislation and research on judicial cognition in our country have a big gap with foreign countries. How to define the target scope of judicial cognizance objectively in civil litigation still needs further study. The author believes that the object of judicial cognizance in civil litigation has both facts and laws. The factual scope includes well-known facts, judicial facts, government facts and facts that are easily known; the scope of law includes domestic laws, international treaties and practices, and foreign laws.