Reconstruction of the Concept of Litigation Evidence

For the concept of litigation evidence, what is placed on the top today is the evidence theory based on factual view. Of these concepts, scholars from different schools hold different opinions to this definition because they place emphasis on different contents. Recently both the theoretical and practical circles have ques-tioned the definition of evidence based on factual viewpoint and placed emphasis on its passive nature and litigant features. The present paper points out that the above - mentioned opinions have defects. Evidence should be de-fined as materials or phenomena that can be legally collected and used to prove the allegation in litigation or facts of a case by the organization that accepts the case.