证据能力问题关系到证据材料是否具有认定案件的证据资格,一个材料能否成为证据首先应当看其是否具有证据能力。物证的证据能力问题,同样也是正确运用物证的前提。形成一个适格物证,一要具有相关性,二要具有合法性。“两院三部”出台的两个证据规定和新修订的《刑事诉讼法》,对于物证的证据能力作出了相应的规定,但尚缺乏在司法实践中具体运用的操作规范。本文试图就物证证据能力的确认规则提出相应观点,希望有助于司法实践中物证的正确使用。 The issue of the ability of evidence relates to whether the evidence material has the qualification of the evidence of the identified case. Whether a material can become the evidence should first of all be judged on whether it has the evidence capacity or not. The evidence of physical evidence ability, but also the premise of the proper use of physical evidence. The formation of a fitness card, one must have relevance, and secondly, to have legitimacy. “Two Courts ” two promulgated the two evidence provisions and the newly revised “Criminal Procedure Law”, the evidence for the evidence of the ability to make the appropriate provisions, but still lacks the specific application of judicial practices in the operation of norms. This article attempts to put forward the corresponding viewpoints on the confirmation rules of the evidence evidence ability, hoping to help the correct use of the physical evidence in judicial practice.