我国刑事诉讼制度的进步与发展——2011年《刑事诉讼法修正案(草案)》评介

On the Progress and Development of the Criminal Procedural System in China

2011年8月通过初审并公布于众、征询意见的《中华人民共和国刑事诉讼法修正案》(草案)中对证据概念与种类所做的变化、对证明标准的进一步明确与完善以及非法证据排除规则的确立等内容充分表明我国刑事证据制度有了巨大的进步与发展。与此同时,修正案还对辩护制度、刑事强制措施以及侦查程序等方面的刑事诉讼制度做了改革与完善。诚然,修正案中有些刑事制度的改革依然存在不尽如人意之处,如非法证据排除规则,但是必须要说明的是修正案中所做的有关刑事诉讼制度的改革在一定程度上集中反映了我国刑事诉讼制度的进步与发展。

＂ Amendments to the Criminal Procedure Law （draft）＂ in August 2011 has been made public by the trial. The concepts and types of evidence have been made many changes in this amendment. At the same time the amendment makes further to clarify and improve the standard of proof, and establish the rule excluding illegally obtained evidence. All of the reforms show the criminal evidence system has got tremendous progress and development. The amendment also made some reform and improvements on the defense system, criminal investigation procedures, enforcement measures and other aspects of the criminal system. Frankly speaking, there are still some defects in this amendment, such as the illegal evidence exclusion rules. However we must recognize that the amendments made in the reform of the criminal system to some extent, has focused our criminal system progress and development.