一、引言 时间具有一维性和不可逆性,案件事实是事过境迁的事实。人类还没有发明如科幻小说所描述的“时间隧道”,因此法官要受到时空限制,根本无法看见发生在过去的事实,只能根据证据来查明和认定案件事实。只要承认这一点,那么就必须肯定在诉讼中存在真假难辨情况。真假难辨情况是指,在诉讼程序结束时,当所有能够证明事实 I. Introduction Time is one-dimensional and irreversible, the facts of the case is the fact that things have changed. Humankind has not invented the “time tunnel” as described in science fiction novels, so the judge is subject to the limitation of time and space and can not see the facts that happened in the past. Only the evidence can be used to identify and confirm the facts of the case. As long as this is admitted, then it must be certain that there are true and false dilemmas in the proceedings. True or False Differentiation refers to the fact that at the conclusion of the proceedings when all can prove