论被害人陈述的审前调查

On the Pre-trial Investigation of the Victim Statement

被害人陈述是我国刑事诉讼法规定的独立证据种类,但关于被害人陈述的审前调查,刑事诉讼法却疏于规范。一般西方国家关于被害人陈述的审前调查,都作为证人证言进行,并且严格限制其证据效力。我国刑事诉讼法虽然将被害人陈述独立归类,但关于被害人陈述的审前调查,仍然与证人证言无异。从正当程序原理出发,应当对审前调查中的被害人陈述的证据效力进行合理的限制,并且应当在被害人陈述的审前调查程序中贯彻任意侦查原则、保障辩护方的调查权利。

The victim＇s statement is a special type of independent evidence prescribed in China＇s Criminal Procedure Law. The pre-trial investigation of victim＇s statements has been ignored by the Code of Criminal Procedure. In the western legal system, the pre-trial investigation of Victim＇s statement is regarded as a witness survey, and the victim＇s statement form the pre-trial investigation is strictly limited to its effectiveness. In China, although the victim＇s statement is set as an independent category, the investigation of the statement is irrelevant with the witness survey. From the principle of due process, the effectiveness of victim＇s statement from the pretrial investigation should be reasonably restricted, and rights investigation of the defense should be protected. The principle of voluntary investigation should be carried out in the pre-trial investigation.