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通过把“证据”界定为一个语词,追溯“证据”一词在中西普通辞典中的释义历史,分析得出证据语词在中西语言中兼有动词与名词的双重属性,各以语族而非单一语词形式出现。中文强调了指称行为(证明活动),而西文更注重指称性质(明显性)。迄至当代,中西证据语词在指称外在可见的事物上基本达成一致。由之分析证据释义形式,可知因语词定义与真实定义的区别,证据的情境性、释义历史性等特点,证据只有在证据活动中才能被认识,从而证据定义问题在很大程度上被转化为一个证据(符号)如何使用(指称与表达)的问题,人对证据概念的认知程度将限定着证据概念的呈现程度。
By defining “evidence” as a term and tracing back the history of the interpretation of “evidence” in the common Chinese and Western dictionaries, it is concluded that both terms have the dual attributes of verbs and nouns in both Chinese and western languages. Instead of a single word form. Chinese emphasizes the alleged act (proof of activity), whereas Western focuses more on the nature of the allegation (obviousness). Until now, the Chinese-Western evidence terms basically reached agreement on what was externally visible. By analyzing the form of the explanation of evidence, we can see that because of the characteristics of the definition of the word and the true definition, the situation of the evidence and the historical interpretation, the evidence can only be recognized in the activity of evidence, so that the definition of evidence is largely transformed into The question of how to use (reference and expression) of evidence (sign), the degree to which a person’s cognition of the concept of evidence will define the degree of presentation of the concept of evidence.