汉代简牍文献刑事证据材料考析

The Study and Analysis of the Criminal Evidence in Bamboo Slips of Han Dynasty

通过研究汉代简牍文献发现,汉代的刑事证据制度已趋向规范化、制度化,在司法活动中表现为重事实与证据,初步创立了客观主义的刑事证据制度。在诉讼程序中已经形成了较为完整的证据链条:包括据证起诉制度、庭审质证制度、据证决断制度以及俱证乞鞫与验证复狱制度等。汉代刑事证据制度的确立对后世产生了巨大影响,为中国传统刑事证据制度的发展奠定了基础,也为当代中国刑事证据制度的完善提供了借鉴价值。

The research on the bamboo slips of Han dynasty shows that the system of criminal evidence had been on the way to standardization and institutionalization which placed facts and evidences a very important position in its judicial activities and a criminal evidence system was preliminarily created on the basis of objectivity. A relatively intact evidence chain had been shaped up in the lawsuit procedure which consisted of prosecution system according to evidences, interrogation system in court trail, court decision-making system to evidences as well as appeal system etc. The system of criminal evidence of Han dynasty has a great on the following dynasties which laid a foundation for the development of China＇ s traditional criminal system and also offers some lessons for the improvement of present system. according influence evidence