确立实事求是原则

Establishing the Tenet of Seeking Truth from Facts

"实事求是"由东汉著名史学家班固提出。由于老一辈无产阶级革命家的大力倡导,"实事求是"已经成为我国的国魂,成为指导人们一切认识活动最重要的原则。刑事司法中,实事求是原则的基本内容有八项,构成八项原则,这就是:从事实出发,跟事实走;重证据而不轻信口供;证据必须查实;证明务求真是;严禁非法取供;严禁弄虚作假;严禁证据预测;严禁无证定罪。实事求是原则在刑事司法中的应用应抓住几个环节:一要抓住要害;二要盯着目标;三要严把三关。当前法学中有追求西化的倾向,这是行不通的。中国人只能走自己的路。实事求是就是中国人的路,因此,实事求是原则永远不能丢。

Seeking truth from facts was raised by the famous historian Ban Gu of Han Dynasty. As the older generations of proletarian revolutionists＇advocate,the tenet of seeking truth from facts has become China＇s national spirit and the most important guidance for people＇s cognitive activities nowadays. The tenet of seeking truth from facts in criminal judicature is divided into eight principles, namely：starting from and following facts; attaching importance to evidence rather than verbal confession; evidence must be verified; testification has to be able to stand on solid ground;extorting evidence through illegal means is forbidden; non-fraud; evidence prediction is prohibited; conviction without evidence is strictly forbidden. To put the tenet of seeking truth from facts in criminal judicatory practice is based on committing to three critical hand grabs： firstly, we must seize the vital points; secondly, we should not miss the target; thirdly, we have to strictly hold out for triple tests. Westernization is in vogue in current Chinese jurisprudential circle, which does not work out. We Chinese have to go along our own way. Seeking truth from facts is our way, which can never be forgotten.