程度排除、证据补强规则在治安案件中运用的实证研究

The Empirical Research of the Application of the Degree Exclusion and the Reinforcement to the Evidences in Public Order Cases

程度排除与证据补强规则是为弥补法官自由心证之缺陷而创设。在治安案件办理中,许多个案反映出公安机关对两大规则有时存在不当运用,导致当事人对处理决定产生异议,从而引发复议和诉讼,其根源在于立法上对两大证据规则规定的缺失。借鉴三大诉讼法中的证据规定,确立了治安案件办理中适用程度排除与证据补强的条件及七种具体情形,并结合个案说明了正确适用两大规则对案件办理的重要意义。

The rules about degree exclusion and the reinforcement to evidences are created to compensate for defects in the judge s free evaluation of evidences.In public order cases,a number of cases reflect the public security organizations which improperly use the two rules,which leads to the party s disagreement to the decision,giving rise to review and litigation.It rooted in the legislative absence to the two rules of evidences.Drawing the three procedural law rules of evidences,establishing the conditions applying been handli degree of exclusion and the reinforcement to evidence and seven kinds of concrete situaestablished in this paper. Based on some cases, the significance of correct application of ng cases is illustrated as well.