论对刑事证据的收集

About Collecting the Criminal Evidences

我国刑事诉讼法上规定的疑罪从无原则,实质就在于收集、固定和使用的证据未能达到确实、充分的证明要求。存疑不诉和无罪判决案件的增多,究其原因,主要是刑事案件中收集、固定证据等相关环节存在一定的问题,导致对定案造成困难。文章结合司法实践,在对刑事证据收集的概念进行科学界定的基础上,提出了收集刑事证据的原则,同时指出我国刑事证据收集活动中存在的主要问题,并进行原因分析,最后提出相关完善建议,以期对指导刑事证据收集活动,揭露犯罪、打击犯罪有所裨益。

The essence of the principle of doubting crime considered as innocent stipulated in our eountry＇s Law of Criminal Procedure, lies in the evidences which are collected, fixed and used has not been able to meet truly, the full proof requirements. The case which arent sued for doubting and decided to innocent are increasing, its reasons lie in that there exists certain questions about collecting, fixing evidences and so on related link in the criminal case, which causes difficulty to solve the case. The author unifies the judicial practice, in the foundation of limiting scientifically the concept of the collection of the criminal evidences, proposes the principle of collecting criminal evidences, simultaneously points out the subject matter which exist in the activity of collecting criminal evidences in our country, and analyzes the reason, finally proposes the consummate suggestion, which hopes to have a benefit on instructing the activity of collecting criminal evidences, to expose crime, to attack crime.