在诉讼活动中经常存在谎言,要揭示谎言的影响以及研究相应的对策,都要以查明相关性为基础。厘清谎言与假话的区别以及事实性谎言与证据性谎言的关系,是在证据法视野下认识谎言相关性的基础。谎言的相关性主要在证明待证事实和弹劾证言可信性方面发挥证明价值,但是相关性中的不确定因素也会在此过程中产生不公正的风险。谎言的相关性所产生的证明价值与证明风险之间的冲突,已经成为可采性规则以及证明力评价规则的重要考虑因素。
There are so many lies in litigations. To reveal influences of lles and to research countermeasures for them must base on the relevance of lies. It is the foundation of understanding lies in evidence to clarify several issues about some important concepts, which are the differences between lies and untruthful statements, and the relevance between lies as facts and lies as evidences. The probative value brought by the relevance of lies is mainly reflected in the procedure of proving the facts in issue and impeaching the witnesses. However, the uncertainty of the relevance arising in this process is also the danger of unfair prejudice. Conflicts between the probative value and the danger of unfair prejudice has become an important consideration when rules of admissibility and evaluating the probative value.