证据是一切诉讼中最重要的资料之一,诚如英国功利主义哲学家边沁所言,“审判的艺术实际上只不过是利用证据的艺术罢了”。证据资料收集是否齐全,是能否正确认定事实、保障审判结果公正的关键。然而,基于司法公正、效率等价值的多重诉求,合理、完善的证据收集机制又必然逻辑地包含着对于其范围 Evidence is one of the most important sources of information in all suits. As Bentham, the utilitarian philosopher in Britain, states: “The art of trial is really nothing more than the art of using evidence.” Whether the evidence collection is complete or not is the key to correctly determine the facts and guarantee the fairness of the trial results. However, due to the multiple demands of judicial fairness and efficiency, reasonable and perfect evidence collection mechanism must also logically contain the information about its scope