自白的权重变化与刑事司法证明方法转向

A current trend in the mode of fact-finding in criminal justice

刑事司法证明方法转向是一种符合时代精神的国际趋势,在我国实现这种转向还面临一些现实的困难。被告人自白具有两面性,自白的证据能力不能否定。在确认任意性自白具有证据能力的前提下,确立任何人不被强迫自证其罪原则和直接言词原则,进一步完善非法自白排除规则和自白补强规则,通过这些原则、规则和制度的配合与互动,促使刑事司法证明方式逐步由偏重被告人自白转向自白之外的物证和其他证据。

It is a current trend that the mode of judicial proof in criminal cases must make some changes.In our country we are confronted with some difficulties in realizing it.As a kind of evidence,the confession of defendant has both confirmative value and negative value in fact-finding but it is almost unanimous about its admissibility.Based on admissibility of no-oppressed confession,we should adopt the principle of any person not being compelled in any criminal case to be a witness against himself and the rule of hearsay being excluded;meanwhile,we should modify and enforce the rule against confession oppressed and the rule of corroborative evidence.By enforcement of all these principles and rules,the mode of judicial proof in criminal cases can be transferred from paying overwhelming attention to defendant＇s confession to material evidence and other evidence.