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事实认证是指法官在证明主体举证、质证的基础上,依据法律规定和知识经验,在裁判文书中对证据是否具有证据能力、有无证明力及其大小予以阐述,并运用审查核实的证据确定案件事实的过程。长期以来,人民法院制作的一些裁判文书,事实认证的写法公式化、概念化现象比较严重。正如最高人民法院原副院长祝铭山在一次会议的讲话中所指出的:“目前法院裁判文书有两大缺点:一是在叙述事实部分,不证明犯罪,不写具体证
Factual certification refers to the judge in evidence on the basis of proof, the evidence, based on legal provisions and knowledge and experience in the referee documents on whether the evidence has the ability to prove with or without evidence of its size and use of evidence to verify the verification Case facts of the process. For a long time, some judgments and documents written by the people’s court have been formalized and their conceptualization has become more serious. As the former vice-president of the Supreme People’s Court Zhu Ming-ming pointed out in a speech at the meeting: ”At present, the court adjudication document has two defects: First, in the narrative factual part, it does not prove crimes and does not write specific evidences