关于事实问题与法律问题如何界定事实问题和法律问题,一直是一项似乎比较清晰又比较模糊的问题。有学者认为,有关事实的事项或者事实问题,是与调查相关的过去某个时间存在过的人或事,或者事态,或者从行为或事件推导而来的能为感官所查明的问题。有关事实的事项包括:时间、地点、人物身份、所说、所做等;推断的事实,如行为人的意图、精神状态等。在当事人否认时,事实问题须 The question of how to define factual and legal issues between factual and legal issues has always been a seemingly clearer and more vague one. Some scholars think that factual or factual questions are the people or events or events that have existed at some time in the past in connection with the investigation or the sensible problems that are deduced from behaviors or events. Facts about the facts include: time, place, identity, what to say, what to do; extrapolated facts, such as the intentions of the perpetrator, the state of mind, and so on. At the denial of the parties, the question of fact is