无论从诉讼理论上还是从诉讼实务上看,事实认定都是民事诉讼的核心问题。当事人为民事诉讼行为,法院为民事审判行为,在很大程度上都是围绕事实认定展开、推进的。但何为民事案件事实,它的证明标准及其规则、制度等程序机制是什么,在我国民事诉讼理论、立法上都显得过于粗疏,在我国司法实务中也显得有些混乱。我国《民事诉讼法》第63条规定:“证据必须查证属实,才 Both from the theory of litigation or litigation practice, the facts are found in the core of civil litigation issues. The parties are civil litigation, the court for civil trial, to a large extent, are based on the facts found that start and advance. However, what is the truth of civil cases, the standard of proof and the procedure and mechanism of its rules and systems? It is too rough in the theory and legislation of civil litigation in our country and appears to be somewhat confused in the judicial practice of our country. Article 63 of China’s ”Code of Civil Procedure“ stipulates: ”Evidence must be verified before it is verified."