法律文本与司法实践:瑕疵证据问题研究

On Text of Law and Judicial Practice:Study on Defective Evidence

瑕疵证据规则是证据规则的重要组成部分,2013年1月1日生效的《最高人民法院关于适用〈中华人民共和国刑事诉讼法〉的解释》系统规定了瑕疵证据的相关规则,这标志着我国刑事证据制度发展的逐渐成熟。然而由于瑕疵证据的外延、转化及限制等方面存在不足,以至于实践中大量的非法证据转化为瑕疵证据,使得非法证据及瑕疵证据规则整体失灵。对此,应当通过进一步完善瑕疵证据规则,限制瑕疵证据转化方式等内容,确保本次刑诉修法精神落到实处。

The rule of the defective evidence is an important part of the evidence rule. The Interpretation of the Supreme People ＇s Court which is applicable to the Criminal Procedure Law of the Peoples Republic of China which entry into force on January 1, 2013 regulated systematically the relative rules of the slight defective evidence. This is one of the highlights of the development of the criminal evidence system of our country. It has important significance of the protection of human rights and the fight against crimes. However, due to the lack of the extension of defective evidence transformation and limitation of the deficiencies and the illegal evidence in the defective evidence in practice, the illegal evidence and the rules of the slight defective evi- dence failure generally. Therefore, the rules of the slight defective evidence should he further improved and the contents of defective evidence transformation method should be restricted, thus to ensure the spirit of the criminal law put into practice.