海峡两岸刑事证据制度比较

Comparison of the Criminal Evidence System between Taiwan and China's Mainland

证据制度是指法律规定的关于在诉讼中规范证据资格、证据收集和审查判断,以及司法证明活动的规则体系。证据制度是大陆诉讼制度中亟待完善的部分。我国台湾地区在近年来的刑事诉讼制度改革过程中,在大陆法系职权主义的根基上大量吸收英美法系当事人主义的合理因素,逐渐确立了融合两大法系之长的折中主义诉讼模式,形成了独具特色且较为完善的刑事证据制度。对海峡两岸的刑事证据立法、刑事证据规则及刑事证据证明三方面进行比较分析,为大陆刑事证据制度的改革与完善提供了重要思路。

Evidence system refers to the system of rules regulated by law on the criterion of compe- tence, collection and judgment of evidence during the criminal procedure, which is a significant part that needs to be perfected urgently in China's Mainland. In recent years, Taiwan has reformed its criminal proce-dure system from the inquisitorial system of continental law to the eclecticism system by adopting the achievements of adversary system of the common law. Consequently, its criminal evidence system became both characteristic and mature. Comparative study on the legislation situation, the rules and judgment of the criminal evidence shows that enormous differences are highlighted between Taiwan and China's Mainland, which can offer China's Mainland a feasible approach on how to prefect the criminal evidence system.