死刑案件中证据审查与采信的反思

A Reflective Study of Inspecting and Adopting Evidence in Capital Cases

刑事诉讼中应确立“法律真实”的证明标准,也就是通过证据来证明犯罪构成的事实和量刑轻重的事实,并达到排除合理怀疑的程度。为此,应确立证人、被害人、鉴定人出庭作证规则和排除传闻证据规则,并建立完善的非法证据排除规则。这些制度的确立和完善,对于防止死刑案件中的误判误杀,坚持“少杀慎杀”死刑政策,具有重要的意义。

The norm of testimony in the criminal procedure should be set, which means that the fact of the constitutive elements of a crime and the fact of how to appropriately impose criminal punishment in terms of the evidence in possession so as to exclude the degree of reasonable suspicion. Both of the rules, accordingly, for the witness, the injured party and referee to serve as witnesses at court and rules to exclude hearsay evidence are to be enacted, while making rules of excluding illegal evidence. Establishing and perfecting the above-mentioned rules are of significance in effectively preventing erroneous judgment or homicide by misadventure while insisting on the principle of 'killing as few as possible'.