理想、现实与需要——刑事证据立法之我见

近十年以来,证据立法问题就一直是法学研究的热点。从最高人民法院颁布的关于民事、行政证据规定的两个司法解释开始,学者和司法部门就对证据立法投入了空前的热情。《统一证据法》草案、《刑事证据法》草案、《民事证据法》草案以及《人民法院统一证据规定》草案陆续面世,各地司法机关的证据性规定也如雨后春笋般出现。针对实践的需要和学界的呼吁,最高立法机关、司法机关也在酝酿如何从立法或司法解释层面改革我国现行的证据制度。基于此,我们约请在证据法学领域颇有造诣的几位中青年学者,就此问题发表观点,以期提供有益的参考。

Legislation on evidence has been a hot topic in China＇s legal research cirlce for around one decade. Since the Supreme People＇s Court promulgated its judicial intepretations for the evidence rules of civil and administrative proceedings, academicians and the judicial departments have made great endeavors with unprecedented enthusiasm. Several drafts on evidence rules, such as the Uniform Evidence Law, Criminal Evi- dence Law, Civil Evidence Law and Uniform Provisions of Evidence for the People＇s Court, have openly reached readers and researcher＇s desks. Following the torrent, a large number of evidence rules have been made and put into practice by the judicial organs of various localities. Given the need in practice and the call of the academi- cians, the nation＇s top legislature and judicial organ, i.e., the National People＇s Congress and the Supreme Peo- ple＇s Court, put into account the reform on China＇s current evidence system from the perspectives of legislation and judicial interpretation. With this in mind, we solicit opinions from several of the currently most prominent evidence law researchers and wish their ideas will be of help to both researchers and legislators.