探求刑事证据规则的和谐

A Probe into the Law of Criminal Evidence in Tune

刑事证据规则从其适用的范围看,可分为原则性刑事证据规则与例外性刑事证据规则。原则性刑事证据规则重在保障人权,例外性刑事证据规则重在打击犯罪。刑事证据规则是否和谐,主要体现在能否恰当地处理原则性规则与例外性规则的关系上。和谐的刑事证据规则不仅有利于证据准确适用,而且有利于诉讼和谐和社会和谐。

On according to evidence used, the law of criminal evidence is divided into the law of principle and the exception. The principle law of criminal evidence is emphasized particularly on protecting human rights, while the exception law of criminal evidence is emphasized particularly on striking crime. No matter whether the principle law of criminal evidence be in tune with the exception law of criminal evidence, the law of criminal evidence could be harmonious in itself. The harmonious law of criminal evidence is not only to ensure evidence used well, but also to attain the aim of criminal justice.