所谓幽灵抗辩,即以无法查证之内容提出无罪或罪轻之积极辩解的抗辩策略,具有难以排除,易动摇心证等特点,且于近年各类案件中日益常见。随着新刑诉法对于举证责任、证明标准等问题的进一步明确,如何在全新的诉讼法框架下排除和应对幽灵抗辩,做到既查清事实又保障人权,成为一个亟待解决的法律问题。笔者拟通过对幽灵抗辩的司法现状、传统应对方法的实际效果之考察,据此构建起一套分层分类的抗辩排除体系,从而为解决幽灵抗辩提供实务建议。 The so-called ghost defenses, that is, defensive tactics of extorting innocence or guilty by unverifiable content, are difficult to rule out and are easy to shake. They have become increasingly common in all kinds of cases in recent years. With the further clarification of the new Criminal Procedure Law on the burden of proof and the standard of proof, how to eliminate and respond to ghost defense under the new framework of procedural law has become an urgent legal issue to be solved. The author intends to build a set of layered defense system to eliminate the ghost defenses by judging the actual situation of the judiciary and the traditional coping methods, so as to provide practical suggestions for resolving ghost defenses.