刑事证明中,刑事证据根据其证明作用可分为证明案件事实的证据和证明取证程序的证据。前者主要证明案件事实是否成立,后者则主要证明证据的来源是否清楚、收集程序是否合法,以及从证据形式上判断与其他证据、与案件事实之间有无关联。证明取证程序的证据,是伴随着其他相关证据而产生的,可称为“伴生性证据”。 In the criminal proof, the criminal evidence can be divided into the evidence proving the facts of the case and the evidence proving the forensic procedure according to its proof function. The former mainly proves whether the facts of the case have been established, while the latter mainly certifies whether the source of the evidence is clear, whether the collection procedure is legal and whether there is any correlation between the evidence and the other evidence and the facts of the case. Evidence that proves the procedure of forensics is accompanied by other relevant evidence and may be called “associated evidence”.