刑事诉讼中司法认知的规制

Regulations of Judicial Notice with the Criminal Procedure

诉讼证明是针对案件的"中心事实",而大量的"背景事实"通常无需提出证据予以证明。这可以通过司法认知得以认定。比较美国和德国刑事诉讼的司法认知规则,两者基本相同,但也略有差异。从诉讼制度传统出发,我国应当借鉴德国的体例,将司法认知确定为两类事实,一类是众所周知的事实;另一类是法官因职业关系已知的事实。

The litigation proof is the ＂center fact＂ which aims at case, but a great deal of ＂background facts＂ usually do not need to put forward a proof. This can be carried out by the judicial notice. Comparative research the United States and Germany of judicial notice rules of criminal procedure, we find that both countries are same alike, but also slightly have difference. With the litigation system tradition, our country shall draw lessons from Germany style. The fact of judicial notice is divided into two types. One type is the well -known fact and the other is the fact which judge has already known because of the occupation.