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证据能力是英美法系国家证据法的核心问题,也是大陆法系国家诉讼理论研究与司法实践的重要内容。判断一项证据材料是否具有证据能力,是法官裁判案件时首先要解决的问题。法律对证据能力加以规范问题是证据法学领域的一个重要问题,它是法律对诉讼外证据材料进入诉讼程序成为证据的一个最低限度的要求。
Evidence ability is the core issue of the law of evidence in Anglo-American legal system, and it is also an important part of the research and judicial practice of the litigation theory in civil law countries. To judge whether an evidence material has the evidence ability is the first problem to be solved when the judge judges a case. The law regulates the evidence ability is an important issue in the field of evidence law. It is a minimum requirement of the law that the evidence outside the lawsuit enters the lawsuit and becomes evidence.