论文部分内容阅读
文章认为,刑事案件中的言词证据既有主观性强、不稳定的缺点,同时又对案件事实的认识具有重大价值。要发挥言词证据的作用并克服它的缺点,必须从言词证据的证据资格和证明力两方面满足它的有效性要求。审查言词证据的证据资格主要在于落实非法证据排除规则,言词证据的证明力则依赖于证据相互印证规则、补强规则来确定和补强,然而证据印证规则容易导致庭审的形式化,不利于防范冤假错案。十八届四中全会提出“以审判为中心的诉讼制度改革”强调庭审实质化,势必强化控辩双方、法官在确定证据证明力中的作用,摆脱侦查中心主义,有利于满足言词证据的有效性要求。
The article holds the view that there is not only the subjectivity and instability of verbal evidence in criminal cases, but also the great value of the facts of the case. To play the role of verbal evidence and to overcome its shortcomings, we must satisfy its validity requirements from the evidence qualifications and the proof of verbal evidence. The evidence qualification of verbal evidence review mainly lies in the implementation of the rules of exclusion of illegal evidence. The evidence power of verbal evidence relies on mutual proof of evidence and reinforcement rules to determine and reinforce. However, the rules of proof of evidence easily lead to the formalization of trial, Unjustly false case. The Fourth Plenary Session of the 18th CPC Central Committee proposed that the reform of the litigation system centered on trial emphasize the substantive hearing, and it is bound to strengthen the role of both prosecutors and defense judges in confirming the proof of evidence, get rid of investigation-centrism, The validity requirements.