证据的审查与认定是近年来诉讼法学界关注较多的话题之一。笔者认为,所谓证据的审查与认定是指司法人员和相关诉讼参与人在诉讼过程中,运用法律允许的手段和方法对案件中的证据有无证据能力和证明力,以及证明力大小进行分析审查,提出自己的意见,并最终由法官对证据的证据能力和证明力进行认定的一种诉讼活动。关于证据的审查与认定,长期以来,学界习惯使用“审查判断证据”这一概念。一般认为,审查判断证据就是指司法人员在诉讼过程中 The review and identification of evidence is one of the topics that more attention has been paid to litigation jurisprudence in recent years. The author believes that the so-called review and identification of evidence refers to the judicial personnel and relevant litigation participants in the process of litigation, the use of the law allows the means and methods of evidence in the case of evidence of power and ability to prove, as well as the size of the evidence to examine the review , Put forward their own opinions, and ultimately judge by a judge evidence of the ability and ability to prove evidence of a litigation activity. On the review and identification of evidence, the academic community has long been accustomed to using the concept of “examination and judgment of evidence”. Generally believed that the review of evidence to judge refers to judicial proceedings in the proceedings