在司法实践中,以“客观事实”还是“法律事实”作为认定证据的标准,一直存在着模糊的认识,实践中许多法官把“客观事实”作为裁判依据,这不符合司法的基本原理。用“法律事实”作为裁判依据不但能充分利用有限的审判资源,及时地审结案件,使当事人的合法权利得到保护,同时也限制了法官在审理案件过程中的“自由裁量权”,对防止错案的发生有一定的积极作用。 In judicial practice, there has always been a vague understanding of “objective facts” or “legal facts” as the standard for the identification of evidence. In practice, many judges regard “objective facts” as their basis for referenda, which is not in line with the basic principles of justice. Using “legal facts” as a basis for refereeing not only makes full use of the limited judicial resources but also timely censures the case so that the litigant’s legal rights are protected. Meanwhile, it also limits the judge’s “discretion” in hearing the case, The occurrence of a certain positive effect.