司法实践证明基本犯罪事实清楚、基本证据确凿,是审查起诉工作中认真分析证据、正确判断证据、合理运用证据的基本原则。 首先,应当注意以下四个方面,正确掌握“两个基本”:一是认定犯罪事实,应该抓住基本依据、基本情节,不要纠缠不影响定罪量刑的细微末节。即使某些次要事实、次要情节一时不易查清,但并不影响定罪量刑的,就应当认为基本事实已经清楚,可以决定提起公诉。二是对提起公诉的案件使法院定罪量刑的基本证据必须确实,基本情节必须清楚。三是主要罪行证据确实,对于证明犯罪的事实证据要有联系,客观确实存在。四是“两个基本”原则并不意味着可以降低收集证据的要求,该收集的证据一定尽可能多的收集,该查清的情节尽可能多的查证。 其次,运用“两个基本”应注意的问题:①“基本”二字,指的是案件事实的范围和证据的数量。案件基本事实必须具有绝对的客观性和真实性,基本证据也必须确凿 Judicial practice proves that the basic criminal facts are clear and the basic evidence is conclusive. It is the basic principle for carefully examining the evidence in the prosecution work, correctly judging the evidence and using the evidence reasonably. First of all, we should pay attention to the following four aspects and correctly grasp the “two basic principles.” First, to identify the facts of crimes, we should seize the basic grounds and basic plots. We must not tangle with the slightest triviality that does not affect the conviction and sentencing. Even if some minor fact or minor episode is not easily ascertainable at a time, it does not affect the conviction and sentencing, it should be considered that the basic facts are clear and the prosecutorial decision can be decided. The second is that the basic evidence of the conviction and sentencing of the court in the case of prosecution must be confirmed. The basic plot must be clear. Third, the evidence of the main crime is true, there is a link between the factual evidence of the crime and the objective existence. Fourth, the “two basic principles” do not mean that the requirements for collecting evidence can be reduced. The evidence collected must be collected as much as possible and the ascertained circumstances as much as possible. Second, the use of “two basic” should pay attention to the problem: ① “Basic” word refers to the scope of the facts of the case and the number of evidence. The basic facts of the case must be absolutely objectivity and authenticity, the basic evidence must also be conclusive