刑事证据制度修改的亮点与难点

The Bright Spots and Difficult Spots in the Modification of Criminal Evidence System

证据既是刑事诉讼活动的基础,也是认定案件事实的根据,直接决定了刑事审判的质量。新《刑事诉讼法》对证据一章做了较大调整,增加了新条文、增设了新制度,如何准确地理解和把握该部分的条文变化是理论界和实务界目前首要关注的问题。本文对新《刑事诉讼法》证据部分进行了系统梳理,将证据章修改的"亮点"归纳为不得强迫自证其罪原则入法、非法证据排除规则得以明确、证人出庭与证人保护协调一致,核心精神在于保障人权。同时提出证据章修改的"难点"是证明问题,结合立法过程中产生的争议和质疑对证据规则、证明责任和证明标准问题进行了评述。

Evidence is the basis of both criminal litigation activities and fact-finding in a case, which directly refers to the quality of criminal trial. The new code of criminal procedure law greatly adjusted the chapter of evidence by adding new provisions and setting up new systems. How to understand and master the changes is the first issue to be currently concerned by both theoretical and practical fields. This paper concludes the bright spots of the new criminal procedure law by reviewing the evidence part of the new law. The bright spots are as followed： against self-incrimination, the exclusionary rule of illegally-obtained evidence, eyewitness in court and the relevant protection for them. The core of this law lies in the human rights protection. In the meantime, the paper points out that the difficult spot of the modification is the issue of proof, and then makes comments on the issues of evidence rule, burden of proof and standard of proof by studying the disputes and controversies during the legislation.