论文部分内容阅读
证据规则依据不同标准,可以划分为规范证据收集、证据审查和证据评价的规则,规范证明力的规则和规范证据能力的规则,以规范审查判断证据的程序为内容的规则和以规范审查判断证据的范围为内容的规则。我国的刑事证据规则在立法形式上,法典与司法解释并存;在规则性质上,多种类型的证据规则并存;在证据规则的内容上过于粗疏,缺少严格而审慎的规定。
According to different standards, the rules of evidence can be divided into rules that regulate the collection of evidence, the review of evidence and the evaluation of evidence, the rules of normative force and the rules of normative evidence capabilities, the rules that regulate the procedure of reviewing and judging evidences, The scope of the rules for the content. In our country, the rules of criminal evidence coexist in the form of legislation. In the nature of the rules, there are many types of rules of evidence coexist. The rules of evidence are too coarse and the rules of the rules are not strict.