《人民司法》今年第一期刊载了《试论刑事诉讼证据三要素》一文(以下简称《试论三要素》)。该文对如何依照法定程序收集充分、确凿的证据,进行了较全面的阐述,读后很受教益。但是,对该文把充分、确凿、合法作为刑事诉讼证据的三个要素,我们有不同的看法。什么是刑事诉讼证据的要素呢?所谓要素,应该是指刑事诉讼证据本身所具有 In the first issue of this year, People’s Justice published a paper entitled “Three Elements of Evidence in Criminal Proceedings” (hereinafter referred to as “Trial Discussion on Three Elements”). This article gives a more comprehensive exposition on how to collect sufficient and conclusive evidence in accordance with legal procedures and is well received after reading. However, we have different opinions on the three elements that the article fully, conclusively and legally as evidence of criminal proceedings. What are the elements of evidence of criminal proceedings? The so-called elements, should refer to the evidence of criminal proceedings itself has