试论刑事诉讼瑕疵证据及其证明力

On Defective Evidence and Its Probative Force in Criminal Proceedings

本文通过对狭义瑕疵证据及其证明力的辨析,反驳了在此问题上的许多片面观点和认识,强调了现代社会刑事诉讼中的证据对人权保护的重要意义,并指出:在刑事诉讼中对瑕疵证据一律不得采信,瑕疵证据不能成为定案的根据。

The thesis differentiates and analyzes the probative force of the defective evidence in its narrow sense and stresses in modern society how important of the evidence in protecting human rights in the process of criminal proceedings while its author retorts upon many of the one-sided view-points on it,pointing out that in criminal proceedings defec- tive evidence shall not be adopted,not to say be used as evidence in deciding a criminal case.