我国证据犯罪立法评析

An analysis of Crime Legislation Through Evidence

证据是诉讼的灵魂,保证各种诉讼的顺利进行是刑法的内容之一,文章对我国刑法分则中的证据犯罪立法进行了评析,分析了现行刑法在证据犯罪立法方面的不足,表现为我国证据犯罪的覆盖面偏窄,立法技术的严密性和系统性欠佳,不能适应诉讼程序的需要,影响实体法功能的实现。

Evidence is the soul of judicial actions and one of the tasks in criminal laws is to ensure the smooth progress of various lawsuits. This paper comments on crime legislation through evidence in China's Criminal Law. It concludes that the present Criminal Law is inadequate in crime legislation through evidence, which is represented by a narrow coverage of crime legislation through evidence in China, by a poorer logic and system in legislation technicality, and by an inability to meet the needs of legal proceedings such that the realization of the functions of substantive laws has been seriously influenced.