对法定证据制度认识误区的反思

The Awareness on the Errors and Thinking of the System of Statutory Evidence

传统理论对法定证据制度存有较大的误解。但事实上,法定证据制度的认识论基础应是原始经验主义;裁判者对之也并非完全机械地操作,而是具有一定程度的灵活性。不管制度如何设计,裁判者在进行证据评价时其经验要占据重要的位置。为保证裁判者对案件事实有一个客观公正的评价并进而作出具有合理性和可接受性的结论,不但要重视审判经验的提炼和推广工作,还要继续完善制度建设,加强规范性制约。

There exit two larger misunderstandings on the system of the statutory evidence in tradition. In fact, the system of the statutory evidence should be based on the epistemology of the original experience. Magistrates also is not as mechanical as the vending machine operators, but with a degree of flexibility. Regardless of how the system is designed, under the conditions of the judger acting himself, the judge＇s experience should occupy an important position when the magistrates conducted the evaluation of evidence. To ensure that the facts of the case are assessed by the magistrates objectively and fairly and can make a reasonable of the conclusions of acceptability, it is necessary to attach importance to the trial experience refining and marketing; second, continuing to improve the system and strengthening normative constraints.