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民事诉讼案件事实的误认是指裁判者认定的案件事实与案件客观真相不一致。基于案件事实的认定是一个主观见之于客观、感性见之于理性的过程,裁判者对于案件事实的认定会受制于各种主客观因素的影响,这便使案件事实误认现象在各国司法实务中均不可避免。因此,为有效保护民事诉讼当事人的合法权利并最终维护整个诉讼制度的正当性,建构有效的案件事实误认预防和救济机制便显得尤为重要。
The factual misunderstanding of the civil lawsuit case means that the facts found by the referee are inconsistent with the objective facts of the case. Identification based on the facts of the case is a process in which subjectivity is seen objectively and emotionally is seen in reason. Judges’ cognizance of the facts of the case is subject to various subjective and objective factors, which make the facts of the case misidentify phenomena in the jurisdictions of various countries Practice are inevitable. Therefore, in order to effectively protect the legitimate rights of parties involved in civil litigation and ultimately safeguard the legitimacy of the entire litigation system, it is particularly important to construct an effective case to mislead the prevention and relief mechanism.