先来看一下Wikipedia对该术语的英文解释:
“A trier of fact, or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.
In a jury trial, a jury is the trier of fact. The jury finds the facts and applies them to the relevant statute or law it is instructed by the judge to use in order to reach its verdict. Thus, in a jury trial, the findings of fact are made by the jury while the judge makes legal rulings as to what evidence will be heard by the jury and what legal framework governs the case.
In a bench trial, judges are professional triers of fact. In a bench trial, the judge makes both findings of fact and rulings of law.
In the United States, an administrative law judge (ALJ) both presides over trials (and makes rulings of law) and adjudicates the claims or disputes (in other words, ALJ-controlled proceedings are bench trials) involving administrative law, but ALJs are not part of an independent judiciary.”
以上内容详细解释了该术语的意思,再来看一下《元照英美法词典》对应的中文解释:
“事实审理者,指审理案件的陪审团,及在无陪审团参加的情况下审理案件的法官,他们均有义务对案件的事实问题作出裁决。此外,还可以指行政程序中主持听证的官员或法官。”
