追证与印证——论刑事诉讼中自由心证的客观化及其路径

Objective Evaluation and Evidence and Crossed Verification of Evidence——On Objectivity of Free Evaluation of Evidence in Criminal Litigation and Its Approach

自由心证本身的消极性需要自由心证接受规则制约和外部检验,即要求自由心证的客观化,这已成为当代各国自由心证制度发展的基本动向。追证可能性是西方国家自由心证客观化的基本路径,其具体内容包括扩大上诉审、强化逻辑规则和经验规则、加强证据规则的适用和明确证明标准。根据我国司法实情,印证证明模式是我国自由心证客观化的理性选择和必然要求。印证证明模式要求建立可操作的具体证明标准,确立体系性的证据规则,坚持"孤证不能定罪"的原则以及加强裁判文书对心证形成过程的公开程度。

Free evaluation of evidence shall be subjected to rules and external examination for its own negativity. The objectivity of free evaluation of evidence has become a basic trend of development of free evaluation of evidence systems in contemporary countries. The possibility of objective evaluation of evidence is a basic approach to objectivity of free evaluation of evidence in western countries, which specifically includes expansion of the appeal trial, reinforcement of the logic and experience rules, applications of evidence rules and proof criteria. Based on the judicial situation in China, the model of crossed verification of evidence is a logic choice and necessary requirement of objectivity of free evaluation of evidence in China. In this model, workable and specific proof criteria and systematic proof rules shall be established, the principle that one should not be convicted by single evidence shall be upheld, the publicity of judgment document shall be strengthened in the process of forming free evaluation of evidence.