刑事审判对公诉证据的要求是证据和案件事实之间有关联性、合法性,并且要达到“犯罪事实清楚,证据确实、充分”的证明标准。检察、公安侦查取证过程中常见的证据瑕疵既有关联性方面的问题,也有合法性方面的问题,值得我们重视。改变公检法之间“消化”案件的做法、提高侦破案件的证据意识和技术能力,是我们提高取证和证明水平的途径。 The requirement of criminal trial on the prosecutorial evidence is that there is a correlation between the evidence and the fact of the case, and the standard of proof that “the crime is clear, the evidence is true and sufficient” must be reached. Prosecutors and public security witnesses in the process of evidence common defects in both the issue of relevance, but also the legality of the issue deserves our attention. Changing the practice of “digesting” cases between public security and prosecutors to improve the evidence-proofing ability and technical ability of detecting cases is a way for us to increase the level of evidence collection and certification.