我国刑事笔录类证据制度探析

The Analysis on the System of Record Evidence in Criminal Proceedings

笔录类证据在诉讼中形成,由特定人员制作,具书面特征。其制作强调及时、纪实和合法。笔录类证据有助案件信息发现,将证据材料与案件事实连接起来,固定证据材料,反映取证过程,有的还具情景再现功能。搜查、提取、扣押笔录和审判笔录应纳入笔录类证据范围。询问与讯问笔录属于人证范畴,不宜纳入笔录类证据范围,且应当限制询问、讯问笔录在庭审中的过量适用,促使审理形式从"笔录为中心"转向"证人为中心"。真实性与可靠性保障不足已成为影响笔录类证据适用的重要问题,解决之道在于细化笔录制作规范和强化笔录证据制作的外部监督机制,落实见证人制度,扩大全程录音录像适用范围,确立笔录制作相关人员出庭制度和辩护律师在场权。

The record evidence made by particular person is formed in criminal proceedings and is a kind of written evidence, which emphasizes the timely, documentary, and legal characteristics of evidence. The record evi- dence is helpful in finding case information by connecting the evidence materials with the case facts, fixing the ev- idence materials, reflecting the forensics process and even reproducing the original scene in some cases. The search, extraction, seizure and trial records should be brought into the category of record evidence, however, the interview and interrogation records should not be included. In order to turn the record-centered trial form to the eyewitness-centered, the over-usage of interview and interrogation record during the court hearing should be limit- ed. The inadequate authenticity and reliability has become the serious problem of applying record evidence in trial. The problem can be solved by refining the record production standards, strengthening the external supervision mechanism, implementing the witness system, expanding the scope of the video recording, establishing the court appearance system for the related record production personnel as well as confirming the attorney＇s presence right.